Rajaji v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.11334 of 2023 Rajaji ... Petitioner -vs1.The District Collector Madurai District, Madurai 2.The Tahsildar Madurai South Taluk Madurai District 3.The Commissioner Thiruparankundram Panchayat Union Thiruparankundram Taluk, Madurai District 4.The President Valainkulam Panchayat Valainkulam Thiruparankundram Taluk Madurai District 5.The Block Development Officer Panchayat Union Office Thiruparankundram Taluk Madurai District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus by calling for the entire records pertaining to the impugned order passed by the fourth respondent in Na.Ka.No.02/23 dated 29.05.2023 and set aside the same and consequently directing the fourth respondent to not to interfere in the tea shop in natham survey No.221/1, Valainkulam Village, Thiruparankundram Taluk, Madurai District, within a time frame fixed by this Court.

For Petitioner :

Mr.S.Balaji For Respondents :

Mr.V.Nirmal Kumar Government Advocate for R1 to R3 Mr.P.Thilakkumar Government Pleader for R4 & R5

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.V.Nirmal Kumar, learned Government Advocate, takes notice for the respondents 1 to 3 and Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents 4 & 5.

2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

3. The order under challenge in this writ petition is only a communication sent to the petitioner stating that he has encroached upon the land classified as "Street" in the revenue records.

4. The impugned communication only states that if the petitioner fails to remove the encroachment by 12.06.2023, action will be taken under the Tamil Nadu Land Encroachment Act, 1905 (for brevity, "the Land Encroachment Act").

5. Mr.P.Thilakkumar, learned Government Pleader, appearing for the respondents 4 & 5, would submit that appropriate action will be taken under the Land Encroachment Act, after following the procedure prescribed.

6. Recording the above statement of the learned Government Pleader, this writ petition is disposed of as premature. It will be open to the petitioner to challenge the eviction proceedings, if any initiated by the Tahsildar under the provisions of the Land Encroachment Act. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 08.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai South Taluk, Madurai District.

3.The Commissioner, Thiruparankundram Panchayat Union, Thiruparankundram Taluk, Madurai District.

4.The President, Valainkulam Panchayat, Valainkulam, Thiruparankundram Taluk, Madurai District.

5.The Block Development Officer, Panchayat Union Office, Thiruparankundram Taluk, Madurai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) No.11334 of 2023 08.06.2023