Madras High CourtWP(MD)/14919/2023disposed of

Kandasamy R v. The District Collector

2025-02-28Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28/02/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY Kandasamy R ... Petitioner v.

1. The District Collector, Virudhunagar Collectorate Campus, Virudhunagar.

2. The Revenue Divisional Officer, Sattur, Virudhunagar District..

3. The Tahsildar, Sattur Taluk, Virudhunagar District..

4. The Block Development Officer, O/o. Block Development Officer, Sattur, Virudhunagar District..

5. The Village President, Sirukkulam Village Panchayath, Sattur Taluk, Virudhunagar District..

6. Appasamy

7. Kaliyappan 1/5

8. Mariappan

9. Mariappan ... Respondents PRAYER :- Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Mandamus directing the 1st to 5th respondents to remove the encroachment made by the 6th to 9th respondents in Survey No.1141/14 and 1140/16 Sirukkulam Village, Sattur Taluk, Virudhunagar district which was confirmed in the order dated 27.01.2022 in Na.Ka.A3/73/2021 of the 3rd respondent. For Petitioner : M/s.I.Suthakaran For Respondents : Ms.D.Farjana Ghoushia for R1 to R5 Spl. Government Pleader Mr.R.Senthil Prabhakar for R7 No appearance for R6,R8 and R9

ORDER

(Order of the Court was made by J.NISHA BANU, J.) This writ petition has been filed for a direction to the respondents 1 to 5 to remove the encroachment made by the respondents 6 to 9 in Survey Nos.1141/14 and 1140/16 Sirukkulam Village, Sattur Taluk, Virudhunagar District, which was confirmed in the order dated 27.01.2022 in Na.Ka.A3/73/2021 of the 3rd respondent. 2/5

2. It is seen that the private respondents have made an encroachment in the aforesaid survey numbers, which are Government poramboke lands. Therefore, the petitioner has given a representation to the 3rd respondent on 25.08.2021 for removing the encroachments made by the private respondents. On receipt of the said representation, the 3rd respondent, vide order dated 27.01.2022, directed the officials to remove the encroachments made by the private respondents. However, though the proceedings was issued as early as on 27.01.2022, till date, no action was taken till date. Hence, the petitioner is before this Court with this writ petition.

3. When the writ petition was taken up for hearing, it is represented by the learned Special Government Pleader that pursuant to proceedings of the 3rd respondent, after issuance of notice under Section 7 of the Land Encroachment Act (hereinafter referred to as 'the Act'), order under Section 6 of the Act was issued to the encroachers/private respondents and the authorities shall bring the proceedings to its logical end in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.

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4. With the above observation, the writ petition is disposed of. No costs.

[J.N.B.,J] [S.S.Y.,J] 28.02.2025 NCC : Yes/No Index : Yes/No RR To