Madras High CourtWP(MD)/12871/2017disposed of

R.M.Karmegam Thevar Ambalam v. The District Collector

2017-08-01Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12871 of 2017 R.M.Karmegam Thevar Ambalam .. Petitioner Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Director of Planning, Sivagangai District, Sivagangai.

3. The Revenue Divisional Officer, Revenue Divisional Office, Devakottai, Sivagangai District.

4. The Tahsildar, Devakottai Taluk Office, Devakottai, Sivagangai District.

5. The Block Development Officer, Devakottai Taluk, Devakottai, Sivagangai District.

6.A.Naganathan 7.K.Chellam 8.K.Ramanathan 9.Subramanian 10.P.Sekar 11.A.Janaki .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachments made by the respondents 6 to 11 in Periyavoorani Tank situated at Survey No.383/1 in Puthukkudi Village, Kurunthakkottai Group, Sivagangai

District within the time stipulated by this Court based on the petitioner's representations dated 19.10.2010, 28.09.2012, 27.07.2015, 10.08.2015, 08.02.2016, 29.02.2016 and 21.06.2017. For Petitioner : Mr.V.Santhakumaresan For RR 1 to 5 : Mr.M.Govindan, Special Government Pleader.

ORDER

[Order of the Court was made by K.K.SASIDHARAN, J.] Since follow up action was not taken by the fourth respondent, after issuing notice under Section 6 of the Tamil Nadu Land Encroachment Act, the petitioner has come up with the present Writ Petition.

2.We direct the fourth respondent to take follow up action pursuant to the notice issued by him for removal of encroachment, after issuing notice to the respondents 7 to 11. We make it clear that the issue shall be considered by the fourth respondent on merits and as per law, after affording reasonable opportunity to the encroachers. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 3.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To