Madras High CourtWP(MD)/24618/2016partly allowed

V.C.Panneer Selvam v. The District Collector,

2017-01-19Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.24618 of 2016 V.C.Panneer Selvam .. Petitioner Vs.

1. The District Collector, Pudukkottai.

2. The Superintendent of Police, Pudukkottai.

3. The District Fire Service Officer, Pudukkottai.

4. The Revenue Divisional Officer, Pudukkottai.

5. The Tahsildar, Alangudi.

6. The Executive Officer, Office of the Town Panchayat, Alangudi.

7.V.C.Ganesan .. 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 6 to remove the encroachment made by the seventh respondent in S.F.No.553/1 and also to demolish the unauthorized construction in S.F.No.533 and 553/2 of Alangudi Village at once.

For Petitioner : Mr.B.Sekar For Respondents 1 to 6: Mr.D.Muruganandam, Additional Government Pleader.

For Respondent No.7 : Mr.T.Antony Arul Raj

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 6 to remove encroachments alleged to have been made in S.F.No.553/1 and also demolish the unauthorized construction made in S.F.Nos.533 and 553/2, Alangudi Village, Alangudi Taluk, Pudukkottai District, by way of issuing a writ of mandamus. 2.It is averred in the petition that the petitioner is a resident of Alangudi, wherein S.F.Nos.553/1, 533 and 553/2 have been classified as Government lands. The seventh respondent has encroached the same and put up construction. Under the said circumstances, the present writ petition has been filed for getting the relief sought therein.

3.The learned counsel appearing for the petitioner has advanced his argument on the basis of averments made in the writ petition.

4.The learned Additional Government Pleader appearing for the respondents 1 to 6 has represented that except S.F.No.553/1, the remaining Survey Numbers belong to the seventh respondent and some others.

5.Considering the fact that S.F.No.553/1 belongs to the Government, wherein it is alleged that the seventh respondent has made certain encroachments and also considering that a representation has been given by the petitioner and the same has not been considered, this Court is inclined to pass the following order.

6.In fine, this writ petition is allowed in part without costs and the fifth respondent viz., Tahsildar, Alangudi is directed to look into the representation dated 05.12.2016 alleged to have been given by the petitioner and if there is any encroachment in Government land, directed to remove the same under due process of law within a period of two months. Sd/ Assistant Registrar(C.S-II) /TRUE COPY/ Sub Assistant Registrar