Akkiniraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Akkiniraj : Petitioner Vs.

1.The District Collector, Collectorate Building, Sivagangai District.

2.The monitoring Committee Chairman / The Revenue Divisional Officer, Sivagangai District.

3.The Tahsildar, Thirupuvanam, Sivagangai District.

4.The Block Development Officer, Thirupuvanam, Sivagangai District.

5.Vairam 6.Veeramma 7.Alagar @ Backiaraj 8.Ammasi 9.Veeraiah 1/7

10.Kumaran 11.Theivendran 12.Karnan 13.Kumaran 14.Arumugam 15.Ramakili 16.Pitchai 17.Samayan 18.Gurunathan @ Seyandi 19.Logu 20.Veeraiah 21.Balamurugan 22.Veerakka 23.Ayyammal 24.Suthanthira Veerayya 25.Manikandan 26.Malayendran 27.Kannan 28.Manikandan 29.Karuppasamy 30.Jayendran 31.Chinnamaruthu 32.Rajendran 33.Chandran 34.Gunasekaran 35.Eswari 36.Krishnan 37.Valli 38.Kannan 39.Gurusamy 40.Suthanthira Lingam 41.Rajendran 2/7

42.Krishnan 43.Sekar 44.Oorkavalan @ Pattanam 45.Pitchaipandi 46.Ayyadurai : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation dated 22.12.2023 to remove the encroachment made by R5 to R46 at Melarangiyam Main road which is situated in survey No.511, 512, 517, 518, 523, 537, 538 and 539 in Thiruppuvanam Taluk, Sivagangai District. For Petitioner : Mr.S.Moorthy For Respondents 1 to 4 : Mr.P.Thilak Kumar Government Pleader

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed seeking for a direction to the respondents 1 to 4 to consider the petitioner's representation dated 22.12.2023 to remove the encroachment made by R5 to R46 at Melarangiyam Main road which is situated in survey No.511, 512, 517, 518, 523, 537, 538 and 539 in Thiruppuvanam Taluk, Sivagangai District.

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2.Heard Mr.S.Moorthy, learned Counsel appearing for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents 1 to 4.

3.The learned Government Pleader on instructions informed this Court that necessary action will be taken for removal of the encroachments after conducting survey by following the due process of law.

4.Recording the aforesaid statement of the learned Government Pleader, we are inclined to direct the third respondent Tahsildar to consider the petitioner's representation dated 22.12.2023 for taking necessary action by following the procedures as contemplated under the Rules and further provide an opportunity of hearing to all the encroachers and remove the encroachments, if any, only after conducting the survey of the property in question. The said exercise shall be completed by the third respondent within a period of six [6] months from the date of receipt of a copy of this order.

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5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. [D.K.K.,J.] & [R.V.,J.] 11.03.2024 Index : Yes/No Internet : Yes/No MR 5/7

To 1.The District Collector, Collectorate Building, Sivagangai District.

2.The monitoring Committee Chairman / The Revenue Divisional Officer, Sivagangai District.

3.The Tahsildar, Thirupuvanam, Sivagangai District.

4.The Block Development Officer, Thirupuvanam, Sivagangai District.

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D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN 11.03.2024 7/7