Masilamani.G.S.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD) No.9639 of 2023 G.S.S.Masilamani ... Petitioner -vs1.The District Collector, Tirunelveli District.

2. The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

3.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

4.The President, Idayankulam Village Panchayat, Nanguneri Taluk, Tirunelveli District.

5.M.Sundar 6.M.Jeyaraj 7.Sakthi 8.Enoch

9.Pon Nadar 10.Nelson 11.Ponnu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 12 in the Government land of Manthai Poramboke, Vandipathai, Kalnadaipathai, Mayanapathai, in Survey Nos.547/1C1, 549/3, 542/8B and 544/1A2, situated at Idayankulam Village, Nanguneri Taluk, Tirunelveli District, based on the petitioner's representation, dated 12.04.2023.

For Petitioner : Mr.M.Murugesan For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader For R7, R8, R10 to R12 : No Appearance

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.M.Murugesan, learned counsel for the petitioner and Mr.S.P.Maharajan, learned Special Government Pleader for the respondents 1 to 3.

2. The learned counsel for the petitioner submits that encroachment has been committed on the Government land i.e., Manthai Poramboke, Vandipathai, Kalnadaipathai and Mayanapathai, in Survey Nos.547/1C1, 549/3, 542/8B and 544/1A2, situated at Idayankulam Village, Nanguneri Taluk, Tirunelveli District.

3. The learned Special Government Pleader, on instructions, submits that the survey was conducted. Upon survey, the encroachment was found and as such, a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 [hereinafter referred to as ''the Act''], has been issued to the encroachers on 21.11.2023. The further action thereafter in tune with Section 6 of the Act would be undertaken.

4. In view of the said statement, this Writ Petition stands disposed of. No costs.

[S.V.G., .C.J.] [K.K.R.K., J.] 28.11.2023 Index : Yes / No : Yes / No smn2

To 1.The District Collector, Tirunelveli District.

2. The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

3.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

4.The President, Idayankulam Village Panchayat, Nanguneri Taluk, Tirunelveli District.

THE HONOURABLE CHIEF JUSTICE and K.K.RAMAKRISHNAN , J.

smn2 W.P.(MD) No.9639 of 2023 28.11.2023