Arasan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.9711 of 2021 and W.M.P(MD) No.7418 of 2021 Arasan ... Petitioner -vs1. The District Collector, Tenkasi, Tenkasi District.

2. The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

3. The Tahsildar, Sankarankovil, Tenkasi District.

4. The Block Development Officer, Sankarankovil, Sankarankovil Taluk, Tenkasi District.

5. The Sub-Inspector of Police, Sendarmaram Police Station, Tenkasi District.

6. Mrs.Ambika

7. Mr.Kalyanasundaram ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the respondents 6 and 7 and their men in the

government poramboke land in old survey no.1180/1, New Survey no. 357/1A1A part and Survey no. 1180/2, New Survey no.357/1A1A part measuring 0.1117 Ares both are situated in Veerasigamani Village, Sankarankovil Taluk, Tenkasi District.

For Petitioner :

Mr.R.J.Karthick For Respondents :

Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 to R4 Mr.T.Senthil Kumar Additional Public Prosecutor for R5 Mr.K.Prabhu for R6 and R7

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) This Writ Petition is filed for a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made in the government poramboke land by the respondents 6 and 7 and their men in Old Survey No.1180/1, New Survey No. 357/1A1A part and Survey No.1180/2, New Survey No.357/1A1A part measuring 0.1117 Ares, both are situated in Veerasigamani Village, Sankarankovil Taluk, Tenkasi District.

2. Today, when the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that based on the representation of the petitioner

dated 16.04.2021, the authorities concerned have surveyed the aforesaid land in question and identified the extent of encroachments and notices have also been served to the encroachers for removal of such encroachment.

3. The aforesaid submission of the learned Additional Government Pleader appearing for the respondents 1 to 4 is not refuted by the learned counsel for the petitioner.

4. Recording the aforesaid submission of the learned Additional Government Pleader, this Writ Petition is disposed of with a direction to the authorities concerned to proceed with removal of encroachment in question, after affording sufficient opportunity to the petitioner, respondents 6 and 7 and all the parties concerned and by following due process of law, as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] [J.S.N.P., J.] 26.10.2022 Index : Yes / No Internet : Yes / No pkn

To

1. The District Collector, Tenkasi, Tenkasi District.

2. The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

3. The Tahsildar, Sankarankovil, Tenkasi District.

4. The Block Development Officer, Sankarankovil, Sankarankovil Taluk, Tenkasi District.

5. The Sub-Inspector of Police, Sendarmaram Police Station, Tenkasi District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD , J.

pkn W.P.(MD) No.9711 of 2021 26.10.2022