Madras High CourtWP(MD)/14894/2017disposed of

N.Selvam, S/O.Natarajan, v. The State Of Tamil Nadu

2017-09-06Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14894 of 2017 and W.M.P(MD)No.11734 of 2017 N.Selvam ... Petitioner Vs.

1.The State of Tamil Nadu Represented by its Principal Secretary Revenue Department, Secretariat, Chennai.

2.The District Collector, Trichy District, Trichy.

3.The District Revenue Officer, Trichy District, Trichy.

4.The Revenue Divisional Officer, Srirengam Division, Srirengam, Trichy District.

5.The Tahsildar, Srirengam Taluk, Srirengam, Trichy District.

6.The Revenue Inspector, Manikandam Section, Srirengam Taluk, Trichy District.

7.Karthikeyan 8.J.Devaraj 9.Sebasthiammal 10.R.Indira 11.Krishnakumar 12.S.Kannan 13.Subramaniyan 14.Kalifullah ... Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the official respondents 1 to 6 to remove the encroachment made by the respondents 7 to 14 in Survey No.298 situated at Sethurapatti Village, Srirengam Taluk, Trichy District by invoking the provisions of Tamil Nadu Land Encroachment Act, 1905 within the time.

For Petitioner : Mr.R.R.Kannan For R1 to R6 : Mr.T.S.Mohammed Mohideen Additional Government Pleader For R8 : Mr.B.Jammel Arasu For R11 to R13 : Mr.S.Vinayak For R7,R9,R10,R14 : No Appearance

O R D E R

[Order of the Court was made by K.K.SASIDHARAN,J.] The petitioner filed this writ petition to direct the respondents 1 to 6 to take appropriate action against the respondents 7 to 14 and remove the encroachments in respect of the land in Survey No.298 situated at Sethurapatti village, Srirengam Taluk, Trichy District.

2.It is the grievance of the petitioner that notwithstanding the encroachment by respondents 7 to 14 and issuance of notice, follow up action was not taken. 3.The learned Special Government Pleader on instructions submitted that the sixth respondent has already issued notices to the encroachers and appropriate action would be taken, after considering the objections.

4.The sixth respondent appears to have issued notice to the alleged encroachers. It is for the sixth respondent to continue the action, taking into account the objection filed by the concerned respondents.

5. We are informed that some of the private respondents have already given undertaking that they would remove the encroachments, within two weeks.

6.The sixth respondent is directed to complete the process relating to the eviction of encroachments, as expeditiously as possible and in any case, within three months from the date of receipt of a copy of this order.

7.The writ petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To 1.The Principal Secretary, State of Tamil Nadu Revenue Department, Secretariat, Chennai.