Senthilkumar.S v. The Secretary To The Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD S.Senthilkumar ... Petitioner -vs1.The Secretary to the Government Revenue Department Government of Tamil Nadu St.George Fort, Chennai 2.The District Collector Pudukkottai District Pudukkottai 3.The Sub Collector Aranthangi District Pudukkottai 4.The Tahsildar Avudayarkoil Taluk Pudukkottai District 5.K.Muthamilarasan 6.N.Muthuraman

7.V.Mathiyazhagan 8.A.Thillainadarajan 9.S.Pitchaimari 10.Pushbalatha 11.R.Karuppaiya 12.Thondiammal 13.K.Veerapuli 14.V.Rasu 15.Muthu 16.A.Karunanithi 17.A.Pandiyaraj 18.S.Ganthi 19.S.Viswanathan 20.Velayudham 21.Subramanian 22.M.Viswanathan 23.Sethu 24.Anguchamy 25.M.Rasu

26.Sumathi 27.Thirunavukkarasu 28.Chinnathambi 29.Murugan 30.Sathaiya 31.Sundaram 32.Rasu 33.Periyathambi 34.Nagarasu 35.Rajendran 36.Muniyaya 37.Pandikkaruppu 38.Karuppaiah 39.Venkatesan 40.Karuppaiah 41.Arivazhagan 42.Balsamy 43.Chidambaram 44.Senthil 45.Subbu

46.Arulanath ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to remove the encroachments made by the respondents 5 to 46 on the Survey No.162 of Athavathur Village, Kalabam Group, Avudaiyarkovil Taluk, Pudukkottai District, considering the petitioner's representations dated 05.10.2020 and 28.10.2020.

For Petitioner :

Mr.R.Sevugaraja For Respondents :

Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 to R4 No appearance for R5 to R46

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 to 4 to remove the encroachments made by the respondents 5 to 46 in Survey No.162 of Athavathur Village, Kalabam Group, Avudaiyarkovil Taluk, Pudukkottai District, based on the petitioner's representations dated 05.10.2020 and 28.10.2020.

2. Today, when the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that twenty families are residing in the subject land for more than thirty years by constructing houses and steps are being taken to issue pattas to them and the encroachment made by one Arumugam in the subject land has been removed one year back and there is no encroachment in the subject land except the houses constructed by those twenty families. To that effect, the learned Additional Government Pleader has produced a copy of the proceedings of the fourth respondent in Na.Ka.No.A6/4038/2022, dated 20.10.2022 before this Court.

3. Recording the above submission of the learned Additional Government Pleader and granting liberty to the petitioner to approach the authority concerned, if any further encroachment is noticed in the subject land, the writ petition is closed. No costs. [R.M.D., J.] [J.S.N.P., J.] 27.10.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The Secretary to the Government, Revenue Department, Government of Tamil Nadu, St.George Fort, Chennai.

2.The District Collector, Pudukkottai District, Pudukkottai.

3.The Sub Collector, Aranthangi District, Pudukkottai.

4.The Tahsildar, Avudayarkoil Taluk, Pudukkottai District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 27.10.2022