Raja Mansingh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P(MD)No.11812 of 2024 Raja Mansingh ... Petitioner vs.

1.The District Collector, Trichy District.

2.The Tahsildar, Lalgudi Taluk Office, Lalgudi, Trichy District.

3.The Assistant Engineer, Water Resource Department, R.C.Division, Lalgudi Taluk, Trichy District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records relating to the impugned order, dated 13.06.2024 issued under Ka.No.Ko.3/2024/Vu.Po(La) passed by the third respondent and quash the same.

For Petitioner : Mr.M.Anbarasan For Respondents : Mr.S.Shaji Bino Special Government Pleader 1/6

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for in this Writ Petition is for a Writ of Certiorari, to quash the impugned order, dated 13.06.2024, issued by the third respondent.

2. The petitioner has moved the present Writ Petition challenging the order, dated 13.06.2024, where the third respondent has given the said notice for removal of encroachment, which has admittedly been made by the petitioner. The impugned notice reads thus: 2/6

3. Mr.M.Anbarasan, learned counsel appearing for the petitioner submits that though the petitioner had challenged the said impugned notice dated 13.06.2024, since it is admittedly an encroachment of the land belongs to the third respondent Department, only a breathing time of three months is required to vacate the land and to hand over the vacant possession to the third respondent.

4. Heard Mr.S.Shaji Bino, learned Special Government Pleader appearing for the respondents.

5. Having regard to the said submission made by the learned counsel appearing for the petitioner, as he has admitted that it is an encroachment and he wants to vacate the same, for which, since he sought for time instead of three months, we feel that the maximum of two months period alone can be given from the date of receipt of a copy of this order, within which, the petitioner shall vacate the land in question and hand over the vacant site to the third respondent. It is made clear that no request for further extension of time shall be entertained under any circumstances. 3/6

6. With the above direction, this Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

[R.S.K.,J.] [G.A.M.,J.] 24.06.2024 NCC : Yes / No Index : Yes / No ps 4/6

To 1.The District Collector, Trichy District.

2.The Tahsildar, Lalgudi Taluk Office, Lalgudi, Trichy District.

3.The Assistant Engineer, Water Resource Department, R.C.Division, Lalgudi Taluk, Trichy District.

5/6

R.SURESH KUMAR ,J.

and G.ARUL MURUGAN,J.

ps ORDER MADE IN DATED : 24.06.2024 6/6