Jeyaraju v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.11.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.3947 of 2023 Jeyaraju ... Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Thanjavur District, Thanjavur.

3.The Tahsildar, Orathanadu Taluk, Thanjavur District.

4.Amirtham 5.Banumathi 6.Malar 7.Senthamil 1/6

8.Leninthasan 9.Ganeshmoorthi 10.Sekar 11.Gobu 12.Sakthivel 13.Subbukannu 14.Pappukannu 15.Saroja 16.Rasiya 17.Punniyamoorthi 18.The Superintending Engineer, Public Works Department, Thanjavur, Thanjavur District.

19.The Superintending Engineer, Water Resources Development, Lower Cauvery Basin Circle, Thanjavur, Thanjavur District.

... Respondents (R18 and R19 are impleaded vide order dated 04.01.2.2023 in W.M.P.(MD)No.16533 of 2021 in W.P.(MD)No.18640 of 2021 by DKKJ & RVJ) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 2/6

respondents 1 to 3 to remove the encroachments made by the respondents 4 to 17 as per the proceeding initiated by the 3rd respondent in Na.Ka.No.4626/2020, dated 24.10.2020, by considering the petitioner's representation dated 09.07.2021.

For Petitioner : Mr.G.Karnan For Respondents : Mr.G.V.Vairam Santhosh, Addl. Govt. Pleader for R1 to R3, R18, R19.

Mr.S.Srinivasa Raghavan for R4 to R17.

ORDER

Heard both sides.

2.It is beyond dispute that the respondents 4 to 17 have encroached upon what is known as Kurumbai Kulam in Ambalapattu Village. The learned Additional Government Pleader on instructions from the revenue authority submits that all the encroachments will be cleared, if necessary by taking police aid, within a period of four weeks from the date of receipt of a copy of this order.

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3.Recording the said submission, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.J.,) & (B.P.J.,) 05.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Collector Madurai District.

2.The Chair Person The Divisional Monitoring Committee / Revenue Divisional Officer, Madurai District.

3.The Commissioner Madurai Corporation, Madurai District.

4.The Superintending Engineer, Public Works Department, Thanjavur, Thanjavur District.

5.The Superintending Engineer, Water Resources Development, Lower Cauvery Basin Circle, Thanjavur, Thanjavur District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

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