C. Asokan v. The Dist. Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)Nos.12894 and 14359 of 2020 and W.M.P.(MD)No.12008 of 2020 in W.P.(MD)No.14359 of 2020 C.Asokan ... Petitioner in W.P.(MD)No.12894 of 2020 Suriyagandhi ... Petitioner in W.P.(MD)No.14359 of 2020 -Vs- Sivagangai, Sivagangai District.
2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.
3.The Tahsildar,
4.Adaikala Madha Temple, Represented by St.Adaikala Annai Trust, Rep. by its Trustee, Kattanur, Muthur Post, Salaigramam Via, 5.Surya Gandhi ... Respondents in W.P.(MD)No.12894 of 2020 Sivagangai District, Sivagangai.
2.The Tahsildar, 3.The Village Administrative Officer, 47, Kattanur Group, Ilayangudi Taluk, Sivagangai District.
... Respondents in W.P.(MD)No.14359 of 2020 PRAYER in W.P.(MD)No.12894 of 2020 : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to remove the encroachments made in Old Survey No.87/4, subsequently, re-surveyed as new Survey No.246/4 in Kattanur Village, Ilayankudi Taluk, Sivagangai District by the respondents 4 and 5 herein.
PRAYER in W.P.(MD)No.14359 of 2020 : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned notice issued by the 3rd respondent dated 03.10.2020 under Section 5 of the Tamil Nadu Land Encroachment Act, 1905. In W.P.(MD)No.12894 of 2020 For Petitioner : Mr.T.Pon Ramkumar For R1 to R3 : Mr.S.P.Maharajan, Special Government Pleader For R5 : Mr.B.Prahalad Ravi In W.P.(MD)No.14359 of 2020 For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.S.P.Maharajan, Special Government Pleader COMMON ORDER [Order of the Court was made by R.MAHADEVAN, J.] Claiming that the respondents 4 and 5 had encroached the land in Old Survey No.87/4, subsequently, re-surveyed as new Survey No.246/4 in Kattanur
Village, Ilayankudi Taluk, Sivagangai District, the petitioner made several representations to the respondents 1 to 3 and finding no heed to them was paid, he has filed W.P.(MD)No.12894 of 2020.
2.Based on the representation given by the petitioner in W.P.(MD)No. 12894 of 2020, the Village Administrative Officer, Ilayangudi Taluk, has issued a notice dated 03.10.2020 under Section 5 of the Tamil Nadu Land Encroachment Act, 1905 to the 5th respondent. Aggrieved by the same, the 5th respondent has filed W.P.(MD)No.14359 of 2020. 3.Today, when the matter was taken up for hearing, the learned counsel for the petitioner in W.P.(MD)No.14359 of 2020 sought time to the petitioner for filing her objections to the impugned notice dated 03.10.2020. 4.In view of the above, without going into the merits of the case, this Court directs the petitioner in W.P.(MD)No.14359 of 2020 to file her objections to the impugned notice dated 03.10.2020 before the authorities concerned within
a period of three weeks from the date of receipt of a copy of this order. On receipt of such objections, the authorities concerned are directed to consider the same and take appropriate action for removal of encroachment, after affording sufficient opportunity to all the parties concerned and by following due process of law, within a period of eight weeks thereafter. 5.With the above direction, these Writ Petitions stand disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] & [J.S.N.P., J.] 10.11.2022 Index : Yes / No Internet : Yes / No Myr To Sivagangai, Sivagangai District.
2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.
R.MAHADEVAN , J.
AND J.SATHYA NARAYANA PRASAD, J.
Myr 3.The Tahsildar, 4.The Village Administrative Officer, 47, Kattanur Group, Ilayangudi Taluk, Sivagangai District.
W.P.(MD)Nos.12894 and 14359 of 2020 10.11.2022