Madras High CourtWP(MD)/8924/2016dismissed

R.Angalae3swari, v. The District Collector

2016-04-29Honourable Mr Justice S. Manikumar,Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE S.S.SUNDAR Writ Petition (MD).No.8924 of 2016 R.Angalaeaswari ..Petitioner Vs.

1. The District Collector, Tiruchirapalli, Tiruchirapalli District.

2. The Commissioner of Police, Cantonment, Tiruchirappalli City, Tiruchirappalli.

3. The Assistant Commissioner, Anti Land Grabbing Special Cell, Cantonment, Trichy City.

4. The Special Tahsildar, Adi Dravidar Welfare Department, Tiruchirappalli.

5. The Inspector of Police, Srirangam, Tiruchirapalli.

6. N.Muruganandhan ..Respondents Prayer: Writ Appeal is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to evict the encroachment done by the sixth respondent bearing in the house Site No.110, Survey No.2488/2B, 2489/2 and 2490 situated at Thimmaraya Samudram Village, Srirangam Taluk, Tiruchirappallai District.

For Petitioner : Mr.V.Baskaran For R1 to R5 : Mr.C.Selvaraj Special Govt. Pleader

O R D E R

(Order of the Court was made by S.MANIKUMAR,J.) Material on record discloses that the subject property is stated to be owned by the petitioner, in which there is an alleged encroachment. She appears to have been made a representation to the Revenue authorities for removal of such alleged encroachment.

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2. Revenue Officers are enjoined with a duty to ventilate the grievance of removal of encroachments only on Government lands, roads etc., and accordingly, as per G.O.Ms.No.540, Revenue [LD6(2)] Department dated 04.12.2014, they are not entitled to invoke the powers for removal of the alleged encroachments in private land owned by the petitioner. Therefore, the Mandamus sought for is wholly misconceived. Accordingly, the Writ Petition is dismissed. No costs.

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