Madras High CourtWP(MD)/1087/2024disposed of

M.Thangavel v. The District Collector

2024-07-09Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Thangavel ... Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Orathanadu Taluk, 3.The Tahsildar, Orathanadu Taluk, 4.The Executive Engineer, Public Works Department, Santhapillai Gate, Thanjavur.

5.The Block Development Officer, Orathanadu Panchayat Union, Orathanadu, 1/4

6.Vaithilingam 7.Rajesh 8.Vignesh 9.Ravichandran ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the respondents 6 to 9 at Vadikal Vaikkal in S.F.No. 168/1 to an extent of 14 Ares and S.F.No.167/1 to an extent of 20 Ares situated at Avida Nalla Vijayapuram Village, Orathanadu Taluk, Thanjavur District, which was classified as Government Poramboke (Vadikal Vaikkal) in the revenue records, restoring the same to its original position and maintain the same free of any encroachment, based on the petitioner's representation dated 09.12.2023.

For Petitioner : Mr.C.Bharathi For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.3

ORDER

The petitioner seeks removal of encroachments in the petition mentioned channel. It is not in dispute that Survey No.167/1 as well as Survey No.168/1 have been classified as "channels".

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2.We direct the third respondent to take action as per law and ensure all the encroachments removed. It is also stated by the learned Special Government Pleader that survey is proposed to be conducted on 12.07.2024 and that this survey exercise will lead to identification of the encroachments as well as encroachers. Thereafter, encroachments will be removed by following due process of law within a period of four months thereafter. 3.This writ petition is disposed of accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 09.07.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Orathanadu Taluk, 3.The Tahsildar, Orathanadu Taluk, 3/4

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 09.07.2024 4/4