Velladhai, W/O.Thangasamy v. The Distirct Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.24206 of 2016 Velladhai .. Petitioner Vs.

1.The District Collector, Karur District, Karur.

2.The District Revenue Officer, Karur District, Karur.

3.The Revenue Divisional Officer, Kulithalai Sub-Division, Kulithalai, Karur District.

4.The Tahsildar, Taluk Office, Kadavur at Tharagampatti, Karur District.

5.The Revenue Inspector, Taluk Office, Kadavur at Tharagampatti, Karur District.

6.Muthusamy 7.Vairaperumal 8.Perumal .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachments made by the respondents 6 to 8 in Survey No.1874 and Survey No.1878 of D.Edayapatti Village, Kadavur Taluk, Karur District as per the petitioner's representations dated 18.09.2015 and 05.10.2015.

For Petitioner : Mr.T.M.Madasamy For Respondents 1 to 5 : Mr.D.Muruganandam, Additional Government Pleader.

For Respondents 6 to 8 : No appearance

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 4 to remove encroachments alleged to have been made by the respondents 6 to 8 in Survey Nos.1874 1878 of D.Edayapatti Village, Kadavur Taluk, Karur District on the basis of representations given by the petitioner, by way of issuing a writ of mandamus. 2.It is averred in the petition that the petitioner is a resident of Eluvakkariyur, Edayapatti, Kadavur Taluk, Karur District. Further it is averred in the petition that in D.Edayapatti Village Survey Nos.1874 and 1878 have been classified as vari poromboke, wherein the respondents 6 to 8 have made certain encroachments.

Under the said circumstances the petitioner has given various representations to the respondents 1 to 4. But the respondents 1 to 4 have not taken any steps and therefore the present writ petition has been filed for getting the relief sought therein.

3.Mr.D.Muruganandam, learned Additional Government Pleader, has taken notice for the respondents 1 to 5. Considering the nature of relief sought in the writ petition, notice need not be sent to the remaining respondents.

4.The specific case of the petitioner is that in D.Edayapatti Village, Survey Nos.1874 and 1878 have been classified as vari poromboke, wherein certain encroachments are in existence.

5.It is seen from the records that on two occasions, the petitioner has given representations to the concerned authorities. But the concerned authorities have not taken any steps, except the intimation given by the second respondent viz., District Revenue Officer, Karur District, Karur.

6.Considering the aforesaid circumstances, this Court is of the view to direct the respondents 1 to 4 to consider the representations given by the petitioner and take appropriate action.

7.In fine, this writ petition is allowed without costs and the respondents 1 to 4 are strictly directed to look into the representations alleged to have been given by the petitioner and if there is any encroachment after following due process of law, remove the same within a period of two months. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The District Collector, Karur District, Karur. 2.The District Revenue Officer, Karur District, Karur. 3.The Revenue Divisional Officer, Kulithalai Sub-Division, Kulithalai, Karur District. 4.The Tahsildar, Taluk Office, Kadavur at Tharagampatti, Karur District.

5.The Revenue Inspector, Taluk Office, Kadavur at Tharagampatti, Karur District.

+1 cc to M/s.T.M.Madasamy, Advocate in SR.No.82410 +1 cc to The Special Government Pleader in SR.No.81874 SMN CSL/SS-2/03.01.2017 :3P/8C ORDER MADE IN W.P(MD)No.24206 of 2016 19.12.2016