Kanimozhi .R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.2668 of 2024 R.Kanimozhi ... Petitioner -Vs1.The District Collector, Aranthangi, Pudukkottai District.

2.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

3.The Tahsildar, Aranthangi, Pudukkottai District.

4.Usha 5.Karuppaiya ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to continue with the eviction action initiated vide notice dated 21.09.2023 issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and remove the encroachments made by the respondents 4 and 5 in Survey No.175/8 (over an extent of 21 ares), Pallathivayal Group Revenue Village, Aranthangi Taluk, Pudukkottai District within a reasonable time to be determined by this Court.

For Petitioner : Mr.N.Dilipkumar For R1 to R3 : Mr.T.Amjadkhan, Government Advocate

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition is filed, seeking for a direction to the respondents 1 to 3 to continue with the eviction action initiated vide notice dated 21.09.2023 issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and remove the encroachments made by the respondents 4 and 5 in Survey No.175/8 (over an extent of 21 ares), Pallathivayal Group Revenue Village, Aranthangi Taluk, Pudukkottai District within a reasonable time to be determined by this Court.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3.Mr.T.Amjadkhan, learned Government Advocate, who takes notice for the respondents 1 to 3, assures before this Court that pursuant to the notice dated 21.09.2023 issued under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, further proceedings would be initiated for removal of the encroachment.

4.Recording the said submission made by the learned Government Advocate, this Writ Petition is disposed of, directing the respondents 1 to 3 to proceed with the removal of encroachment by following the procedures as contemplated under the Tamil Nadu Land Encroachment Act, 1905, after providing opportunity to the parties concerned. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs.

[D.K.K., J.] & [R.V., J.] 07.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The District Collector, Aranthangi, Pudukkottai District.

2.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

3.The Tahsildar, Aranthangi, Pudukkottai District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.2668 of 2024 07.02.2024