Saravanan.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN S.Saravanan ... Petitioner -vs1.The District Collector O/o.District Collectorate Office Complex, Sattur Main Road Virudhunagar District Virudhunagar 2.The District Revenue Officer O/o.District Collectorate Office Complex Sattur Main Road Virudhunagar District, Virudhunagar 3.The Revenue Divisional Officer O/o.Revenue Divisional Office Sattur, Virudhunagar District 4.The Revenue Tahsildar O/o.The Revenue Tahsildar Madurai Road, Virudhunagar District

5.The Assistant Director Survey and Land Records O/o.District Collectorate Office Complex Virudhunagar 6.The Village Administrative Officer O/o.Village Administrative Office Near Murugan Kovil Sankaralingapuram Post Virudhunagar District 7.V.Veeramani ... 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 encroachment made by the seventh respondent on the Government Porampoke land comprising in Survey Nos.952 and 1643/25 situated at Sankaralingapuram Village, Ondipulinayakkanoor Revenue, Virudhunagar Taluk, Virudhunagar District, by considering the petitioner's representation sent to the respondents 1 to 6 dated 07.04.2023 within the time frame fixed by this Court.

For Petitioner :

Mr.L.Prabhu For Respondents :

Mr.N.Satheesh Kumar Additional Government Pleader for R1 to R6 Mr.S.Rajasekar for R7

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The relief sought for in this writ petition is to direct the respondents 1 to 6 to remove the encroachment made by the seventh respondent on the Government Poramboke land comprised in Survey Nos.952 and 1643/25 of Sankaralingapuram Village, Ondipulinayakkanoor Revenue, Virudhunagar Taluk, Virudhunagar District.

2. Learned Additional Government Pleader appearing for the respondents 1 to 6, on instructions, submitted that field survey has already been conducted and encroachments have been identified and after issuing show cause notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 to the encroachers, Section 6 order has also been passed on 29.08.2023. He further submitted that the said order will be executed within a period of four weeks.

3. Learned counsel appearing for the seventh respondent submitted that as against the order passed under Section 6 of the Land Encroachment Act, 1905, the seventh respondent has already filed an appeal before the Appellate Authority.

4. It is for the seventh respondent to pursue the appeal in the manner known to law.

5. In view of the above, no further adjudication is required in this writ petition and the same is therefore dismissed. No costs. [S.M.S., J.] [V.L.N., J.] 04.10.2023 NCC :

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Yes / No krk

To:

1.The District Collector, O/o.District Collectorate, Office Complex, Sattur Main Road, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer, O/o.District Collectorate Office Complex, Sattur Main Road, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Sattur, Virudhunagar District.

4.The Revenue Tahsildar, O/o.The Revenue Tahsildar, Madurai Road, Virudhunagar District.

5.The Assistant Director, Survey and Land Records, O/o.District Collectorate Office Complex, Virudhunagar.

6.The Village Administrative Officer, O/o.Village Administrative Office, Near Murugan Kovil, Sankaralingapuram Post, Virudhunagar District.

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk 04.10.2023