Chinnakannan v. The District Collector/ District Monitoring Committee
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Chinnakannan, S/o.Mayirulan ... Petitioner -vs1.The District Collector / District Monitoring Committee, Theni District, Theni.
2 .The Tahsildar 3.The Chief Deputy Tahsildar Andipatti , Theni District.
4.The Block Development Officer Andipatti, Theni District.
5.The Zonal Deputy Block Development Officer, Andipatti, Theni District.
6.The Village Administrative Officer, Rajadhani, Theni District.
7.The Revenue Inspector, Rajadhani Firka, Theni District.
8.The Firka Surveyor, Rajadhani Firka, Theni District.
9.The President Rajadhani Panchayat, 10.Jeeva, S/o.Palanisamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to remove the encroachments made in a public cart track situated in S.No.48/1, Rajadhani Village, Theni District.
For Petitioner : Mr.R.Maheswaran For R1 to R5 : Mr.P.Thilak Kumar Government Pleader
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.] It is the complaint of the petitioner that the 10th respondent has encroached upon the land, which is used as a Pathway by the Villagers.
2. The report of the Tahsildar, Aundipatti, Theni District, dated 10.02.2024, shows that the claim of the petitioner that the land, which is used
as a Pathway, has been encroached upon is correct. The Tahsildar, had, however, passed on the buck to the Block Development Officer, Aundipatti, requiring him to take action. The Block Development Officer, in turn, has required the President of Rajadhani Panchayat to take action.
3. Under Section 131 of the Tamil Nadu Panchayats Act, 1994, the power to remove encroachments vest with the Revenue Department. Section 131(2) of the said Act only authorizes the Executive Authority [President] of the Panchayat to issue notice calling upon the removal of the encroachments. If the encroachments are not removed, it is for the Tahsildar to take appropriate action. Hence, this Writ Petition is disposed of with a direction to the second respondent Tahsildar to take appropriate action under the Tamil Nadu Land Encroachment Act, 1905, after issuing notice to the alleged encroachers. No costs.
NCC :
No [R.S.M., J.] [L.V.G., J.] Index :
No 05.08.2024 Internet :
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To:
1.The District Collector / District Monitoring Committee, Theni District, Theni.
2 .The Tahsildar 3.The Chief Deputy Tahsildar Andipatti , Theni District.
4.The Block Development Officer Andipatti, Theni District.
5.The Zonal Deputy Block Development Officer, Andipatti, Theni District.
6.The Village Administrative Officer, Rajadhani, Theni District.
7.The Revenue Inspector, Rajadhani Firka, Theni District.
8.The Firka Surveyor, Rajadhani Firka, Theni District.
9.The President Rajadhani Panchayat,
R.SUBRAMANIAN , J.
and L.VICTORIA GOWRI , J.
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