R.Venkatesh v. The District Collector

3BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD R.Venkatesh ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Periyakulam, Theni District.

3.The Tahsildar, Tahsildar Office, Theni, Theni District.

4.S.Dhamodharan ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to take appropriate action to remove the encroachment made in Government Poramboke Land in Sy.No.208/8 in Govinda Nagaram, Theni District by the 4th respondent herein on the basis of the petitioner's representation dated 30.01.2020 within the time. For Petitioner :

No Appearance For Respondents :

Mr.V.Nirmal Kumar, Govt Advocate for R1 to R3 Mr.R.G.Shankar Ganesh for R4

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to take appropriate action to remove the encroachment made in Government Poramboke Land in S.No.208/8 in Govinda Nagaram, Theni District by the 4th respondent herein on the basis of the petitioner's representation dated 30.01.2020 within a time frame.

2. There is no representation for the petitioner.

3. Today, when the matter was taken up for hearing, the learned Government Advocate appearing for the respondents 1 to 3 has produced the proceedings of the third respondent addressed to him and submitted that the encroachment of fourth respondent in the place in question has been proposed to be regularised in view of G.O.(Ms)No.318, Revenue and Disaster Management Department, dated 30.08.2019 and patta is also proposed to be issued to the fourth respondent and therefore, removal of encroachment by the fourth respondent does not arise.

4. The aforesaid submission of the learned Government Advocate is not refuted by the learned counsel for the petitioner.

5. In view of the above, the Writ Petition is dismissed. No costs. [R.M.D., J.] [J.S.N.P., J.] vsm 09.11.2022

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm To 1.The District Collector, Theni District, Theni.

2.The Revenue Divisional Officer, Periyakulam, Theni District.

3.The Tahsildar, Tahsildar Office, Theni, Theni District.

09.11.2022