L.Thangapandian v. The District 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)No.14421 of 2020 L.Thangapandian ... Petitioner -Vs1.The District Collector, Theni District Collectorate, Theni.
2.The District Revenue Officer, Theni District, Theni.
3.The Sub Collector, Periyakulam, Theni District.
4.The Tahsildar, Taluk Office, Aundipatti, Theni District.
5.P.Kamatchi Thever 6.P.Praburaj 7.P.Pon Vijayan 8.S.Karthikeyan 9.A.Sadayan 10.P.Alagusingam 11.R.Arjunan 12.S.Rajendran 13.N.Nagaraj 14.P.Thamilarasan 15.A.Paramasivam 16.B.Chinnasamy 17.R.Parvendhan 18.A.Paulraj 19.A.Packiaraj 20.D.P.Mani 21.R.Jagadeesan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments made in Survey No.1506/2 for an extent of 2.25 acres of land situated at Kovilpatti Village, Aundipatti Taluk, Theni District and consequently, remove the encroachments in pursuant to the notice under Section 6 of the Land
Encroachment Act, dated 23.12.2019 issued by the 4th respondent and consequently, consider the representation dated 10.09.2020. For Petitioner : Mr.P.Athimoolapandian For R1 to R4 : Mr.S.P.Maharajan, Special Government Pleader For R5 & R6 : Mr.A.Jeyarama Chandran For R13, 15, 19 to R21 : Mr.C.Susi Kumar For R7 to R12, 14 16 to 18 : No Appearance
ORDER
[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed, seeking issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments made in Survey No.1506/2 to an extent of 2.25 acres of land situated at Kovilpatti Village, Aundipatti Taluk, Theni District in pursuant to the notice under Section 6 of the Land Encroachment Act, dated 23.12.2019 issued by the 4th respondent and consider the representation of the petitioner dated 10.09.2020.
2.Today, when the matter was taken up for hearing, the learned Special Government Pleader for the respondents 1 to 4 submitted that an enquiry would be conducted and appropriate action would be taken for removal of encroachment, if any, in the place in question, after providing sufficient opportunity to all the parties concerned and by following due process of law, for which, the learned counsel for the petitioner is also agreeable. 3.In view of the above, without going into the merits of the case, this Court directs the authorities concerned to conduct an enquiry, after issuing notice to all the parties concerned and if the enquiry reveals any encroachment in the place in question, the same shall be removed by the authorities concerned, after affording sufficient opportunity to all the parties concerned and by following due process of law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
4.With the above direction, this Writ Petition stands disposed of. No costs.
[R.M.D., J.] & [J.S.N.P., J.] 10.11.2022 Index : Yes / No Internet : Yes / No Myr To 1.The District Collector, Theni District Collectorate, Theni.
2.The District Revenue Officer, Theni District, Theni.
3.The Sub Collector, Periyakulam, Theni District.
4.The Tahsildar, Taluk Office, Aundipatti, Theni District.
R.MAHADEVAN , J.
AND J.SATHYA NARAYANA PRASAD, J.
Myr W.P.(MD)No.14421 of 2020 10.11.2022