A.Chandradoss v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.24479 of 2016 A.Chandradoss .. Petitioner Vs.

1.The District Collector, Theni District.

2.The Tahsildar, Uthamapalayam Taluk, Theni.

3.The Village President, 4.The President, Thokkalavar Community, 5.R.Veera Perumal 6.The Block Development Officer (Village Panchayat), Uthamapalayam, Uthamapalayam Taluk, Theni District. 7.The Special Officer, (Respondents 6 and 7 are impleaded vide order dated 14.02.2017 made in W.M.P(MD)No.863 of 2017).

.. 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 herein to remove the encroachment made in government poramboke land in S.No.429/1 at Mallingapuram, Anaimalaiyanpatti Village, Uthamapalayam Taluk, Theni as per the proceedings of the first respondent in Se.Mu.No.43533/2015/AA5 dated 14.01.2016 based on G.O.Ms.No.540 dated 04.12.2014 within a reasonable time.

For Petitioner : Mr.K.Appadurai For Respondents : Mr.D.Muruganandam, 1 to 3, 6 and 7 Additional Government Pleader.

For Respondent No.5 : Mr.M.Maharaja (No appearance) For Respondent No.4 : 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 3, 6 and 7 to remove encroachments alleged to have been made in Survey No.429/1, Mallingapuram, Anaimalayanpatti Village, Uthamapalayam Taluk, Theni District, by way of issuing a writ of mandamus. 2.Mr.D.Muruganandam, learned Additional Government Pleader, has taken notice for the respondents 6 and 7. There is no representation on the side of the fifth respondent. 3.It is seen from the records that Survey No.429/1 has been classified as a street. Since Survey No.429/1 has been classified as a street and the contention putforth on the side of the petitioner is that the fifth respondent has made certain encroachments, this Court is inclined to pass the following order. 4.In fine, this writ petition is allowed without costs and the respondents 6 and 7 are directed to remove encroachments which are in existence in Survey No.429/1 under due process of law within a period of two months.

Sd/- Assistant Registrar(Writ) /True copy/ Sub Assistant Registrar To 1.The District Collector, Theni District.

2.The Tahsildar, Uthamapalayam Taluk, Theni.

3.The Village President,

4.The Block Development Officer (Village Panchayat), Uthamapalayam, Uthamapalayam Taluk, Theni District. 5.The Special Officer, +1 cc to M/s.K.Appadurai, Advocate in SR.No.9141 +1 cc to The Special Government Pleader in SR.No.9375 smn CSL/SV-MMS/SAR-III/24.02.2017 :3P/8C ORDER MADE IN W.P(MD)No.24479 of 2016 20.02.2017