Subramaniyan.R v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2023
CORAM:
THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE R.SUBRAMANIAN R.Subramaniyan ... Petitioner -vs1. The District Collector, Sivagangai District.
2. The District Revenue Officer, Sivagangai District, Sivagangai.
3. The Revenue Divisional Officer, Sivagangai Revenue Division, Sivagangai.
4. The Thasildar, Thiruppuvanam Taluk, Sivagangai District.
5. The President, T.Alangulam Panchayath, Kothangulam Group, Piramanur Post, Thiruppuvanam Taluk, Sivagangai District.
6. T.Velappan
7. K.Mulaligam
8. M.Subbaiya
9. K.Senbha Thevar
10. S.Ramalingam
11. K.Valli
12. T.Siva
13. N.Savithri
14. R.Rajenthran
15. M.Ampalavanan
16. Thilagam
17. R.Boomibalan
18. V.Thirunavukarasu
19. S.Manikandan
20. T.Anbarasu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to issue necessary direction to the 4th respondent herein, to remove the encroachment made by respondents 6 to 20 in the government porampoke lands, used as alley and street in bearing Survey Nos.276/5, 8, 10, 22, 277/5, 7, 10, 279/10, 12, 15, 276/12, 27, 277/13, 278/1, 12, 279/7, 25, 281/9, 282/1, 280/22, 281/9 and S.No.282/2, 3, situated at T.Alangulam Village, Kothangulam Group, Thiruppuvanam Taluk,
Sivagangai District, based on the petitioner's representation dated 20.03.2023 made to the respondents 1 to 5.
For Petitioner : Mr.p.Arumugam For R1 to R4 : Mr.P.Thilakkumar Government Pleader
ORDER
[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] The writ petitioner has filed this writ petition for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to issue necessary direction to the fourth respondent to remove the encroachment made by respondents 6 to 20 in the Government poramboke lands in Survey Nos.276/5, 8, 10, 22, 277/5, 7, 10, 279/10, 12, 15, 276/12, 27, 277/13, 278/1, 12, 279/7, 25, 281/9, 282/1, 280/22, 281/9 and S.No.282/2, 3, at T.Alangulam Village, Kothangulam Group, Thiruppuvanam Taluk, Sivagangai District, on the basis of the representation, dated 20.03.2023, within a time frame.
2.
Mr.P.Thilakkumar, learned Government Pleader takes notice for the respondents 1 to 4. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the private respondents is dispensed with. 3.
Learned Government Pleader appearing for the respondents 1 to 4 submitted that the revenue authority, namely, the jurisdictional Tahsildar, will issue notice calling upon the encroachers to remove the obstruction/encroachment made by the respondents 6 to 20 and he will also ensure that after issuance of notice for removal, the authority will ensure that the road/street in question will be cleared from encroachment in future. 4.
Recording the aforesaid submissions, without expressing any opinion on merits, this writ petition is disposed of, directing the official respondents to consider the representation of the petitioner, dated 20.03.2023 on merits and in accordance with law. If there is any encroachment by the private respondents as claimed by the petitioner, then the concerned jurisidictional Tahisldar shall take appropriate action, after affording sufficient opportunity to all the parties concerned and by following due
process of law. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 5.
With the above direction, the Writ Petition is disposed of. No costs.
[T.R., A.C.J.] [R.S.M., J.] 25.04.2023 NCC : No Index : No Internet: Yes PKN
To
1. The District Collector, Sivagangai District.
2. The District Revenue Officer, Sivagangai District, Sivagangai.
3. The Revenue Divisional Officer, Sivagangai Revenue Division, Sivagangai.
4. The Thasildar, Thiruppuvanam Taluk, Sivagangai District.
THE HON'BLE ACTING CHIEF JUSTICE and R.SUBRAMANIAN, J.
PKN ORDER MADE IN 25.04.2023