Mariya Susai T v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Thursday, the Ninth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice S.S.SUNDAR AND The Hon`ble Mrs.Justice S.SRIMATHY WP(MD)No.1047 of 2022 T.Mariya Soosai ... Petitioner Vs 1.The District Collector, Sivagangai, Sivagangai District.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Karaikudi, Sivagangai District.

4.Iruthaya Marry 5.Anthony Samy ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a WRIT OF MANDAMUS, directing the respondents No.1 to 3 to remove the encroachment in S.F.No.22/5 of Illuppakudi Village, Karaikudi Taluk, Sivagangai District made by the respondents No.4 and 5 within time frame. ORDER:- This Writ Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.AN.Ramanathan, Advocate for the Petitioner and of Mr.S.P.Maharajan, Special Government Pleader for the Respondents 1 to 3, this Court made the following order:- 1/3

[Order of the Court was made by S.S.SUNDAR, J.] This Court, while allowing this writ petition earlier ie., on 24.01.2022, by directing the official respondents to remove the encroachment in S.F.No.22/5 of Illuppakudi Village, Karaikudi Taluk, Sivagangai District, gave directions to the Registry to post the matter on 28.02.2022 for reporting compliance. Today, the matter is listed for reporting compliance.

2.When the matter is taken up for hearing, the learned Special Government Pleader appearing for the official respondents has filed a compliance report, stating that there was no encroachment in S.F.No.22/5 of Illuppakudi Village, Karaikudi Taluk, Sivagangai District and that the encroachment, in S.F.No.22/1 of Illuppakudi Village, Karaikudi Taluk, Sivagangai District, which is classified as Arasu Poramboke, has been taken care of, by following the provisions of the Tamil Nadu Land Encroachment Act, 1905 and finally stated that the encroachments made by the encroachers were removed after following the procedure as contemplated under the aforesaid Act.

3.The report of the Tahsildar, namely the third respondent in this writ petition is accepted. No further adjudication is necessary. Compliance recorded.

Sd/- Assistant Registrar(CS-I) // True Copy // /06/2022 Sub Assistant Registrar(CS) TO 1.The District Collector, Sivagangai, Sivagangai District.

2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

3.The Tahsildar, Karaikudi, Sivagangai District.

+ 1 CC to Special Government Pleader, SR.No.25077 2/3

ORDER DATED : 09/06/2022 ==========================

ORDER

========================== WP(MD)No.1047 of 2022 Giving direction and etc.

as stated within.

KS(CO) TR(21.06.2022) 3P 5C 3/3