Madras High CourtWP(MD)/11555/2023disposed of

Arulkumar v. The District Collector

2023-11-30Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI Arulkumar ... Petitioner Vs.

1.The District Collector, Madurai District.

2.The Assistant Director (Village Panchayats), Madurai District, Madurai.

2.The Thasildar, Melur Taluk, Madurai District.

4.The Block Development Officer, Melur, Madurai District.

5.The Executive Engineer, Periyar Basin Circle, Melur, Madurai District.

6.Malayaveeran ... Respondents (R6 is suo motu amended vide order dated 07.09.2023 by GRS & BPJ) 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.1 to 5 to remove the encroachment made by the 6th respondent in Chinni Netturayan Kulam at Survey No.290, Therkutheru Village, Melur Taluk, Madurai District based on the petitioner's representation dated 06.05.2023. For Petitioner : Mr.R.Jegadeeswaran For Respondents : Mr.V.Nirmal Kumar Government Advocate for R1 to R5.

Mr.S.Anand KUmar for R6.

ORDER

Heard both sides.

2.The petitioner wants this Court to direct the respondents to remove the encroachments in the petition mentioned Chinni Netturayan Kulam in Survey No.290, Therkutheru Village. It appears that a statue was already installed beneath a tree. In front of the tree, a water tank was installed. Some construction was also put up around the statue. Now the water tank has been removed. We direct the respondents to ensure that 2/4

no further construction activity takes place. The status quo that is presently prevailing alone will continue. Since S.No.290 stands in the name of the Government, no individual or group of villagers can claim title over the said property.

3.This writ petition is disposed of accordingly. No costs. (G.R.S.J.,) & (B.P.J.,) 30.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Madurai District.

2.The Assistant Director (Village Panchayats), Madurai District, Madurai.

2.The Thasildar, Melur Taluk, Madurai District. 4.The Block Development Officer, Melur, Madurai District.

5.The Executive Engineer, Periyar Basin Circle, Melur, Madurai District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 30.11.2023 4/4