Karuppaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI Karuppaiah : Petitioner Vs.

1.The District Collector, District Collector Office, 2.The Tahsildar, Tahsildar Office, Kulathur Taluk, 3.The Block Development Officer (Village Panchayat), Block Development Office Annavasal, Pudukkottai District.

4.The President, Sathyamangalam Village Panchayat, Kulathur Taluk, 5.Ganesan : Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachment in the Government Land (Water Body) in Survey Nos.449-1, 449-2, 449-3, 449-4, 449-5, 431-10 & 431-13 in Ganesh Nagar, Sathyamangalam Village, Kulathur Taluk, Pudukkottai District on the basis of his representation dated 31.03.2021.

For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents 1 to 3 : Mr.A.K.Manickam, Standing Counsel for Government

O R D E R

********** [Order of the Court was made by T.S.SIVAGNANAM, J.] We have heard Mr.P.M.Vishnuvarthanan, learned counsel appearing for the petitioner, Mr.A.K.Manickam, learned Standing Counsel for Government appearing for the respondents 1 to 3. 1/3

2.In the light of the orders we propose to pass in the writ petition, notice to the fifth respondent is dispensed with.

3. The Writ petitioner seeks for removal of encroachment alleged to have been made by the fifth respondent. 4.Mr.A.K.Manickam, learned Standing Counsel for Government appearing for the respondents 1 to 3, on instructions, submitted that already action has been initiated and notice under Section 7 of the Land Encroachment Act has been issued. 5.The said submission is placed on record and this writ petition is disposed of, directing the authorities to proceed further in accordance with law, if there is no other legal impediments. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) RM Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, District Collector Office, 2.The Tahsildar, Tahsildar Office, Kulathur Taluk, 2/3

3.The Block Development Officer (Village Panchayat), Block Development Office Annavasal, +1 CC to MR.P.M.VISHNU VARTHANANAN, Advocate ( SR-19329[F] dated 15/06/2021 ) +1 CC to SPL GP ( SR-19424[F] dated 16/06/2021 ) ORDER MADE IN 14.06.2021 KM(21.06.2021) 3P 6C 3/3