Manikandan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)No.17028 of 2023 Manikandan ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Tenkasi District.

2.The Revenue Divisional Officer, Office of the Tenkasi Revenue Divisional Office, Tenkasi District.

3.The Tahsildar, Tenkasi Taluk Office, Tenkasi District.

4.The Block Development Officer, Office of the Block Development Office, Kadayam Union Office, Tenkasi Taluk, Tenkasi District.

5.Murugan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the Tahsildar, Tenkasi Taluk Office/3rd respondent herein to take immediate action for removal of the illegal encroachment made 1/5

by the 5th respondent in respect of the Government Poramboke land comprised in S.No.452/8 situated at Keela Ambur Village, Tenkasi Taluk, Tenkasi District on the basis of representation of the petitioner dated 15.03.2023 within the time stipulated by this Court.

For Petitioner :Mr.S.Mandhiralingeswaran For R-1 to R-3 :Mr.T.Villavan Kothai, Additional Government Pleader For R-4 :Mr.D.Sachikumar, Additional Government Pleader

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) Heard Mr.S.Mandhiralingeswaran, learned counsel for the petitioner, Mr.T.Villavan Kothai, learned Additional Government Pleader for respondents 1 to 3 and Mr.D.Sachi Kumar, learned Additional Government Pleader for the fourth respondent.

2. The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the 3rd respondent to take action for removal of encroachment made by the 5th respondent in S.No.452/8 situated at Keela Ambur Village, Tenkasi Taluk, Tenkasi District, which is classified as Government Poramboke.

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3. The petitioner has filed two documents. The first document is A-Register and the same do not indicate Survey No.452/8. The other document is Adangal Extract prepared under Natham Settlement. This document also shows that an extent of 0.03.87 hectares in Survey No.452/8 is classified as 'Natham Vacant land'.

4. Since the petitioner has not produced any material or document to show that the subject property is a public property, this Court is unable to entertain this writ petition.

5. Therefore, this writ petition is dismissed. No Costs. [S.S.S.R., J.] [D.B.C., J.] 14.07.2023 Index : Yes / No NCC : Yes/No PM 3/5

To 1.The District Collector, Office of the District Collector, Tenkasi District.

2.The Revenue Divisional Officer, Office of the Tenkasi Revenue Divisional Office, Tenkasi District.

3.The Tahsildar, Tenkasi Taluk Office, Tenkasi District.

4.The Block Development Officer, Office of the Block Development Office, Kadayam Union Office, Tenkasi Taluk, Tenkasi District.

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S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY , J.

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