Madras High CourtWP(MD)/14042/2018disposed of

Santhi Veeran, v. The District Collector

2018-08-09Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD].No.14042 of 2018 and W.M.P.(MD).No.12732 of 2018 Santhi Veeran : Petitioner Vs.

1. The District Collector, District Collector Office,

2. The Revenue Divisional Officer, RDO Office, Devakottai,

3. The Tahsildar, Tahsildar Office, Thirupathur, Sivagangai District.

4. The Block Development Officer, [Village Panchayats], BDO Office, Kallal,

5. The Village Administrative Officer, Kallipattu Village, Sivagangai District.

6. The Panchayat Secretary, Kallipattu Village, Sivagangai District.

7.Ramasamy 8.Pandi : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 6 to remove the encroachments made in Government Land situated in Survey No.116/1C and 116/32, Narikathan Pottal, Kallipattu Village, Sembanoor Post, Thirupathur Taluk, Sivagangai District, based on the representation of the petitioner dated 24.07.2017 and 04.06.2018 within a stipulated time.

For petitioner : Mr.R.Karunanidhi For respondents 1to6 : Mr.K.Saravanan Government Advocate

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] This Writ Petition has been filed seeking to remove the encroachment said to have been made by the respondents 7 and 8 in Government Land situated in Survey No.116/1C and 116/32, Narikathan Pottal, Kallipattu Village, Sembanoor Post, Thirupathur Taluk, Sivagangai District.

2. A perusal of the documents filed by the petitioner would show that even the respondents 2 and 3 are of the view that there exist encroachment, as alleged by the petitioner. The communication sent by the third respondent to the first respondent dated 08.06.2018 also says that action would be taken to remove such encroachment.

3. In the light of the above, we direct the third respondent to take appropriate action to remove the encroachment stated to have been made by the respondents 7 and 8, by following the due process of law, within a period of six weeks from the date of receipt of a copy of this order. Needless to mention that before passing such orders, the alleged encroachers will have to be put on notice.

4. The Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

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