A.Daniel Thipoorsiyas v. The District Collector /Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR A.Daniel Thipoorsiyas ... Petitioner -vs1.The District Collector / Monitoring Committee Thoothukudi District 2.The Thasildar Ottapidaram Taluk Office Thoothukudi District 3.The Block Development Officer Ottapidaram Taluk Tharuvaikulam Thootthukudi District 4.Anthony Jacob 5.Michael Nicholas Jenitha 6.Joseph Lister 7.Anthony Arul Tilak

8.Amala ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to remove the encroachment or occupancy of any other means by the respondents 4 to 8 in the public pathway in S.No.407/9, within a time frame stipulated by this Court.

For Petitioner :

Mr.S.Selvakrishnan For Respondents :

Mr.S.R.A.Ramachandran Additional Government Pleader for R1 to R3

O R D E R

[Order of the Court was made by RMT.TEEKAA RAMAN, J.] This writ petition is filed seeking for a direction to the second respondent to remove the encroachment or occupancy of any other means by the respondents 4 to 8 in the public pathway in Survey No.407/9, within a time frame stipulated by this Court.

2. Mr.S.R.A.Ramachandran, learned Additional Government Pleader, takes notice for the respondents 1 to 3.

3. In view of nature of the order proposed to be passed, notice to the other respondents is dispensed with.

4. Learned Additional Government Pleader appearing for the respondents 1 to 3, on instructions, would submits necessary proceedings have been initiated for removal of encroachments in the subject land and notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 was issued to the encroachers on 03.12.2024 and they have given their objections on 25.01.2025 and necessary orders will be passed within a period of four weeks.

5. In view of the above subjection, the respondents 1 to 3 are directed to pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

[T.K.R., J.] [N.S., J.] 31.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector / Monitoring Committee, Thoothukudi District.

2.The Thasildar, Ottapidaram Taluk Office, Thoothukudi District.

3.The Block Development Officer, Ottapidaram Taluk, Tharuvaikulam, Thootthukudi District.

RMT.TEEKAA RAMAN, J.

AND N.SENTHILKUMAR, J.

krk 31.01.2025