Kumaresan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs. JUSTICE R.HEMALATHA Kumaresan : Petitioner Vs.

1.The District Collector Dindigul District Dindigul.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kodaikanal, Dindigul District 3.The Tahsildar Kodaikanal Taluk Dindigul District 4.S.P.Veluchamy : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to remove the encroachments was made in Survey No.991/1 situated at Boomparai Village, Kodaikanal Taluk, Dindigul District by the 4th 1/5

respondent by considering the petitioner's representation dated 22.07.2022 within a stipulated period as framed by this Court. For Petitioner : Mr.P.Balamurugan For Respondents : Mr.A.K.Manikkam for R1 to R3 Special Government Pleader for R1, R3 to R8 Mr.K.K.Kannan for R9

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) Alleging that the fourth respondent has once again encroached into S.No.991/1, Poombarai Village, Kodaikanal Taluk, the petitioner gave a representation dated 22.07.2022 and has thereafter filed the present public interest litigation.

2.Today, Mr.A.Ashok, Taluk Deputy Surveyor, Kodaikanal Taluk, Dindigul District is present.

3.It is seen that the petitioner herein had earlier filed public interest litigation in W.P.(MD) No.16770 of 2017 alleging that S.P.Veluchamy (third respondent in that writ petition/4th respondent in the present writ 2/5

petition) had encroached into S.Nos.985, 988, 989, 969, 991/1 and 993 in Poomparai Village and sought for a direction to the official respondents to remove the same. A Division Bench of this Court passed the following order on 10.01.2018 in W.P.(MD) No.16770 of 2017: "3.If the encroachment is removed already, the second respondent shall ensure that there is no new or reencroachment takes place in respect of the lands in question. The writ petition is disposed of accordingly. No costs."

4.On instructions, the learned Special Government Pleader submitted that the revenue authorities issued notice and removed the encroachments that were made by S.P.Veluchamy and now it appears that he has once again encroached into S.No.991/1. He also sought eight weeks time to remove the encroachments.

5. Recording the same, we direct the third respondent to remove the encroachments in S.No.991/1, if there are any, within eight weeks from the date of receipt of a copy of this order. 3/5

The writ petition is disposed of with the above direction. No costs. [P.N.P., J.] & [R.H., J.] 24.08.2022 Internet : Yes RR To 1.The District Collector Dindigul District Dindigul.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kodaikanal, Dindigul District 3.The Tahsildar Kodaikanal Taluk Dindigul District 4.S.P.Veluchamy 4/5

P.N.PRAKASH, J AND R.HEMALATHA, J RR Order made in 24.08.2022 5/5