Balaiya.G v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MRS.JUSTICE S.ANANTHI G.Balaiya ... Petitioner Vs.

1.The State of Tamil Nadu, represented by the Secretary to Government, Adi Dravidar Community, St.Fort George, Chennai.

2.The District Collector, O/o the District Collector, 3.The Adi Dravidar Welfare Officer, O/o Adi Dravidar Welfare Officer, 4.The Special Tahsildar(LA), 5.The Sub Inspector, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of MANDAMUS, directing the respondent Nos. 4 and 5 to remove the encroachments, in Angadimangalam Revenue Village, in Survey No. 220/1B and measure and demarcate the land, based on the pattas issued by the fourth respondent by taking into account the fourth respondent's communication in Na.Ka.No.94/2021/A1, dated 29.06.2021.

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For Petitioner : Mrs.A.Rajini For Respondents : Mr.B.Saravanan Government Advocate

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a writ of mandamus, directing the the respondents 4 and 5 to remove the encroachments, in Angadimangalam Revenue Village, in Survey No. 220/1B and measure and demarcate the land, based on the pattas issued by the fourth respondent, by taking into account the fourth respondent's communication, dated 29.06.2021.

2. Mr.B.Saravanan, learned Government Advocate, taking notice for the respondents, submitted that he has got instructions to state that there is no encroachment made by any party in Survey No.220/1B.

3. The submission made by the learned Government Advocate for the respondents is recorded.

4. So far as the application submitted by the petitioner for surveying the land is concerned, the learned Government Advocate for the respondents submitted that the fourth respondent may be directed to consider the petitioner's application and survey the land, on payment of necessary charges, after giving notice to all the interested parties, within a time frame.

5. Mrs.A.Rajini, learned Counsel for the petitioner also submitted that such direction may be given to the fourth respondnet.

6. Having regard to the submissions made by the learned Counsel on either side, taking into consideration the limited prayer sought for by the learned Counsel for the petitioner, we direct the fourth respondent to consider the petitioner's application dated 29.06.2021, for survey of the land in Survey No.220/1B, on payment of necessary charges and pass orders, after giving notice to all the interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

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7. With the above observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

SSL To 1.The Secretary to Government, Adi Dravidar Community, St.Fort George, Chennai.

2.The District Collector, O/o the District Collector, 3.The Adi Dravidar Welfare Officer, O/o Adi Dravidar Welfare Officer, 4.The Special Tahsildar(LA), 3/4

5.The Sub Inspector, +1 CC to M/s.GP ( SR-26082[F] dated 12/08/2021 ) 11.08.2021 GS (18.08.2021) 4P 7C 4/4