Madras High CourtWP(MD)/18180/2019disposed of

Dheeppan Chakaravarthi v. The District Collector

2021-02-19Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI Dheeppan Chakaravarthi ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.Revenue Divisional Officer, Madurai (Melur), 3.The Tahsildar, Melur Taluk, Melur, Madurai District.

4.Mohammed Sikandar, S/o.Nathar 5.The Block Development Officer, Melur, Madurai District.

... Respondents [R5 is suo motu impleaded vide order dated 11.01.2021, made in W.P.(MD)No.18180/2019] Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments made by the fourth respondent in the Government Poromboke lands, comprised in Survey No.74/8, measuring an extent of 2.50 cents situated at Kallampatti Village, Melur Taluk, Madurai District and put the same to its original stage so that it can be effectively used by the public, based on the petitioner's representation, dated 29.07.2019, within a stipulated time.

For Petitioner : Mr.R.Krishnan For R1 to R3 & R5 : Mr.K.Mu.Muthu Additional Government Pleader For R4 : Mr.M.Mahaboob Athiff for M/s.Ajmal Associates * * * * * 1/3

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner seeks removal of encroachment made by respondent No.4.

2.The learned Additional Government Pleader appearing for respondent Nos.1 to 3 and 5, after getting instructions from respondent Nos.1 to 3, submitted that there is indeed existence of encroachment made by respondent No.4. However, the authority to take action is respondent No.5. A Communication has also been sent by respondent No.5 to respondent No.4, for taking action. 3.In such view of the matter, we call upon respondent No.5 to take appropriate action to remove the encroachment said to have been made by respondent No.4, within a period of eight weeks from the date of receipt of a copy of this order.

4.This Writ Petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) SMN2 Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai (Melur), 2/3

3.The Tahsildar, Melur Taluk, Melur, 4.The Block Development Officer, Melur, +1 CC to THE SPECIAL GOVERNMENT PLEADER(SR-6428[F] dated 22/02/2021) +1 CC to Mr.R.KRISHNAN, Advocate ( SR-6756[F] dated 23/02/2021 ) Order made in 19.02.2021 NSM(CO) SRS (11/03/2021) 3P : 7C 3/3