Amulraj v. The District Collector / Monitoring Committee
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)Nos.22805 and 11517 of 2024 W.P(MD)No.22805 of 2024:
Amulraj ... Petitioner vs.
1.The District Collector/Monitoring Committee, Pudukkottai, 2.The Revenue Divisional Officer, 3.The Tahsildar, Avudaiyarkoil Tahsildar Office, Avudaiyarkoil, 4.The President, 5.Kavitha 6.Madumitha ... Respondents 1/6
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the 1st to 4th respondents to remove the encroachments made in S.No.32/47, Public Pathway at Ettiyathali Village, Aranthangi Taluk, Pudukottai District based on the petitioner's representation dated 22.05.2024.
In W.P(MD)No.22805 of 2024:
For Petitioner : Mr.B.Micheal Sebastin For R1 to R4 : Mr.S.P.Maharajan Special Government Pleader W.A(MD)No.11517 of 2024:
Kavitha ... Petitioner vs.
1.The Revenue Divisional Officer,(Monitoring Committee) 2.The Tahsildar, Aranthangi Taluk, 3.The President, 4.Sundarapandian 5.Theivanai 6.Kaleeswaran 7.Amulraj ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the 1st to 3rd respondents to remove the 2/6
encroachment made by the 4th and 6th respondents in the public road in S.No. 32/47, situated at Ettiyathali Village, Aranthangi Taluk, Pudukottai District by considering the petitioner's representation dated 21.05.2024. In W.P(MD)No.11517 of 2024:
For Petitioner : Mr.T.Lenin Kumar For R1 & R3 : Mr.S.P.Maharajan Special Government Pleader For R4 to R7 : Mr.V.Vijayendran C O M M O N O R D E R (Order of the Court was made by R.SUBRAMANIAN, J.) In both the Writ Petitions, the complaint of the petitioners is that encroachment over the land in Sy.No.32/47 situated in Ettiyathali Village Aranthangi Taluk, Pudukottai District, has not been removed despite repeated representations.
2. While the petitioner in W.P(MD)No.11517 of 2024 is shown as the 5th respondent in W.P(MD)No.22805 of 2024, the petitioner in W.P(MD)No.22805 of 2024 is shown as the 7th respondent in W.P(MD)No.11517 of 2024. 3/6
3. Since it is not in dispute that Sy.No.32/47 is a public road, the authorities are bound to maintain it free of encroachments. It is also seen from the records that notices under Section 7 of the Land Encroachment Act have already been issued. The Tahsildar, Aranthangi, will proceed with the process of eviction strictly in accordance with the provisions of Tamil Nadu Land Encroachment Act, 1905, and complete the same within a period of twelve weeks from the date of receipt of a copy of this order. If the encroachments are not removed within twelve weeks, the petitioners are entitled to seek re-opening of the writ petitions.
4. With the above direction, these writ petitions are disposed of. No costs. (R.S.M., J.) (L.V.G., J.) 27.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No CM 4/6
To 1.The District Collector/Monitoring Committee, Pudukkottai, 2.The Revenue Divisional Officer, 3.The Tahsildar, Avudaiyarkoil Tahsildar Office, Avudaiyarkoil, 4.The President, 5.The Tahsildar, Aranthangi Taluk, R.SUBRAMANIAN, J.
and 5/6
L.VICTORIA GOWRI, J.
CM W.P.(MD)Nos.22805 and 11517 of 2024 27.09.2024 6/6