Thangavel.V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2021 CORAM :

The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM V.Thangavel .. Petitioner Vs

1. The District Collector, Tenkasi, Tenkasi District.

2. The Special Tahsildar, Harijan Welfare, Sankarankovil Tenkasi District.

3. The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

4. The Block Development Officer, Kuruvikulam, Thiruvengadam Taluk, Tenkasi District.

5. V.Subbaiah .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the fifth respondent in S.No.456/3B24, classified as Adi Dravidar Welfare common land situated in Vellakulam Village, Thiruvengagam Taluk, Tenkasi District.

For Petitioner : Mr.RJ.Karthick For R-1 to R-3 : Mr.A.K.Manickam Standing Counsel for Government For R-4 : Mr.R.Suresh Kumar 1/3

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] This writ petition has been filed for issuance of a Writ of Mandamus to direct the respondents 1 to 4 to remove the encroachment caused by the fifth respondent in a land called as Adi Dravidar Welfare common land comprised in Survey No.456/3B24 in Vellakulam Village, Thiruvengagam Taluk, Tenkasi District.

2. The petitioner had given a representation which has yielded results and the authorities have inspected the property and the encroachment has been demarcated.

3.

Mr.A.k.Manickam, learned Standing counsel for Government, on instructions from the official respondents states that reasonable time may be granted to the authorities to take appropriate action to remove the encroachment.

4. In the light of the above stand, we dispose of the writ petition by directing the respondents 3 and 4 to conduct a survey of the area and identify the encroachment and remove the same, after notice to the fifth respondent, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. Accordingly, W.P.(MD).No.10542 of 2021 stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) MR/TSG 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 2/3

1. The District Collector, Tenkasi, Tenkasi District.

2. The Special Tahsildar, Harijan Welfare, Sankarankovil Tenkasi District.

3. The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

4. The Block Development Officer, Kuruvikulam, Thiruvengadam Taluk, Tenkasi District.

+1 CC to M/s.SPL GP ( SR-20565[F] dated 29/06/2021 ) 25.06.2021 CN (02.07.2021) 3P 6C 3/3