Madras High CourtWP(MD)/15363/2017disposed of

C.Gurusamy, v. The District Collector

2017-08-21Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15363 of 2017 C.Gurusamy ... Petitioner Vs.

1.The District Collector, O/o. The District Collector, Madurai District.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Tahsildar, Peraiyur Taluk, Madurai District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the wall situated in Government Puramboke land bearing S.F.No.194 at Sandaiyur Village, Peraiyur Taluk, Madurai District, as per the proceedings dated 19.07.2017 of the 3rd respondent.

For Petitioner : Mr.A.Rajini For Respondents : Mr.M.Govindan Special Government Pleader

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner seeks removal of the wall situated in Government Puramboke land bearing S.F.No.194 at Sandaiyur Village, Peraiyur Taluk, Madurai District. The writ petitioner places reliance on the notice dated 19.07.2017 already issued by the Tahsildar, Peraiyur Taluk, Madurai District.

2.Today when the matter is taken up for hearing , the learned Special Government Pleader referred to the communication dated 18.08.2017 issued by the Tahsildar, Peraiyur Taluk,Madurai https://hcservices.ecourts.gov.in/hcservices/

District and submitted that an order has been passed under Section 6 of the Tamil Nadu Land Encroachment Act and that enforcement of the said order is under process and that the such enforcement is being opposed by Hindu Paraiyar Community. It is mentioned that there is a dispute between Hindu Arunthathiyar Community and Hindu Paraiyar Community. But the Revenue Authority cannot be heard to say that the statutory order passed under the provisions of Tamil Nadu Land Encroachment Act 1905 is not being implemented, because it is being opposed by a section of the public. 3.If the order passed under Section 6 of the Act has been stayed or set aside, then of course, the Authority cannot act in the matter. But if no such development had taken place, it is for the authority to enforce his own order. It is seen that the representation had already been submitted in this regard by the writ petitioner.

4.We direct the third respondent to act on the said representation, in accordance with law within a period of four months from the date of receipt of a copy of this order. 5.This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Madurai District.

2.The Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Tahsildar, Peraiyur Taluk, Madurai District.

+One cc to The Special Government Pleader, SR.No.73899 rmi RL/5C/2P/GT/SAR1/11/9/2017 ORDER MADE IN W.P.(MD)No.15363 of 2017 21.08.2017 https://hcservices.ecourts.gov.in/hcservices/