Sivakumar.N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR N.Sivakumar ... Petitioner -vs1.The District Collector, District Collector Office, Dindigul.

2.The Revenue Divisional Officer, Palani, 3.The Tahsildar, Tahsildar Office, Oddanchatram, 4.K.Velusamy ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 3rd respondent to remove the encroachment made by 4th respondent at Government Vacant land in Survey No.

1273/6 situated at Kuppayeevalasu, Porulur Village, Oddanchatram Taluk, Dindigul District by considering the petitioner's representation dated 02.10.2023 within stipulated time as fixed by this Honble Court. For Petitioner :

Mr.J.Senthil Kumaraiah For Respondents :

Mr.S.P.Maharajan, Special Government Pleader for R1 to R3

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The Writ Petition has been filed for issuing a direction to the 3rd respondent to remove the encroachment made by 4th respondent at Government Vacant land in Survey No. 1273/6 situated at Kuppayeevalasu, Porulur Village, Oddanchatram Taluk, Dindigul District by considering the petitioner's representation dated 02.10.2023 within a time frame.

2. By consent of both sides, this Writ Petition is taken up for final disposal at the time of admission itself. Considering the nature of the order proposed to be passed in this Writ Petition, protecting the interests of the 4th respondent also, notice to the 4th respondent is dispensed with.

3. According to the petitioner, the subject land is classified as Government Natham vacant land, in which the 4th respondent has made encroachments by dumping waste materials. Therefore, the petitioner has made a representation dated 02.10.2023 to the authorities, seeking removal of the same. Since the said representation has not been considered so far, the petitioner is constrained to move the present Writ Petition.

4. Learned Special Government Pleader appearing for the respondents 1 to 3 would submit that the Committee constituted under the Government Order issued in G.O.(Ms)No.64, Revenue and Disaster Management Department, Land Disposal Wing, 'LD.6(2)' Section, dated 08.02.2022, will look into the complaint of the petitioner.

5. In view of the above, we direct the petitioner to submit a copy of the representation dated 02.10.2023 to the first respondent, who in turn shall forward the same to the District Level Monitoring Committee headed by the first respondent District Collector and the District Level Monitoring Committee is directed to consider the representation of the petitioner dated 02.10.2023 and

issue appropriate directions to the designated / competent authority under the relevant statutes and rules to initiate all appropriate actions to evict the encroachers by duly following the procedures as contemplated and pass orders, remove encroachments and communicate the same to the District Monitoring Committee and thereafter, communicate the action taken information to the petitioner.

6. With the above directions, the Writ Petition stands disposed of. No costs.

[D.K.K., J.] [R.V., J.] 02.02.2024 Index : Yes / No Internet : Yes / No SJ To 1.The District Collector, District Collector Office, Dindigul.

2.The Revenue Divisional Officer, Palani,

3.The Tahsildar, Tahsildar Office, Oddanchatram,

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

SJ 02.02.2024