Kalirajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.24619 of 2016 Kalirajan .. Petitioner Vs.

1.The District Collector, Tirunelveli District.

2.The Tasildar, Manur Taluk, Tirunelveli District.

.. 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 to remove the encroachments made in the survey number 483/1 and 484/15, North Chelianallur Village, Tirunelveli Taluk within stipulated time. For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.R.Velmurugan, Government Advocate.

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 to remove encroachments made in Survey Nos.483/1 and 484/15, North Chelianallur Village, Tirunelveli Taluk by way of issuing a writ of mandamus.

2.It is averred in the petition that in North Chelianallur Village Survey Nos.483/1 and 484/15 have been classified as Odai Poromboke and some encroachments are in existence. Under the said circumstances, the present writ petition has been filed for getting the relief sought therein.

3.Mr.R.Velmurugan, learned Government Advocate, has taken notice for the respondents 4.On the basis of contention putforth on the side of the petitioner, this Court has perused the report submitted by the concerned Deputy Tahsildar, wherein it has been clearly mentioned https://hcservices.ecourts.gov.in/hcservices/

that both survey numbers have been classified as Odai Poromboke. 5.Considering the report submitted by the concerned Deputy Tahsildar and also classification of the survey numbers mentioned in the petition, the following order can be allowed. 6.In fine, this writ petition is allowed without costs and the respondents 1 and 2 are strictly directed to remove encroachments which are in existence in Survey Nos.483/1 and 484/15, North Chelianallur Village, Tirunelveli Taluk under due process of law within a period of two months.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District.

2.The Tasildar, Manur Taluk, Tirunelveli District.

+1 cc to M/s.T.A.Ebenezer, Advocate in SR.No.82737 +1 cc to The Special Government Pleader in SR.No.83185 SMN CSL/11.01.2017 :2P/5C ORDER MADE IN W.P(MD)No.24619 of 2016 22.12.2016 https://hcservices.ecourts.gov.in/hcservices/