Kailasam.R v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.(MD) No.19048 of 2021 R.Kailasam ... Petitioner Vs 1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Revenue Divisional Officer, Revenue Division Office, Kovilpatti, Thoothukudi District.
3.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.
4.The Block Development Officer, Block Development Office, Ottapidaram, Thoothukudi District.
5.The Executive Officer, Basuvanthanai,Panchayat, Ottapidaram Taluk, Thoothukudi District.
... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to take appripriate action for removal of encroachment made by individuals at V.Kailasapuram, Basuvanthanai, Thoothukudi District and dispose of the representation, dated 05.10.2021 made by the Petitioner within the time stipulated by this Court. For Petitioner :
Mr.M.Pandian For Respondents :
Mr.P.Thilakkumar Govt.Pleader.
ORDER
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] The petitioner complains of encroachment on government land in V.Kailasapuram, Basuvanthanai in Thoothukudi District. 2.Mr.P.Thilak Kumar, learned Government Pleader, takes notice on behalf of all the respondents and submits that the third respondent-Tahsildar of Ottapidaram Taluk would be the appropriate official to deal with the matter.
3.Accordingly, W.P.(MD)No.19048 of 2021 is disposed of by permitting the petitioner to carry a fresh, detailed representation pertaining to the matters complained of herein to the third respondent-Tahsildar.
Immediately upon receipt of the representation, the third respondent will conduct an inquiry upon due notice to the petitioner and the perceived encroachers and all others likely to be affected by his order. The Tahsildar should complete the inquiry and forward his report to the petitioner and the perceived encroachers and all others likely to be affected thereby within ten weeks of the receipt of the representation in terms of this order.
4.In the event the Tahsildar finds any encroachment, the Tahsildar will report the matter to the appropriate authorities to take immediate expeditious steps to remove the encroachments in accordance with law.
There will be no order as to costs.
Sd/- Assistant Registrar (AD I) // True Copy // / /2021 Sub Assistant Registrar(CS) MR/RM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Revenue Divisional Officer, Revenue Division Office, Kovilpatti, Thoothukudi District.
3.The Tahsildar, Ottapidaram Taluk, Thoothukudi District.
4.The Block Development Officer, Block Development Office, Ottapidaram, Thoothukudi District.
5.The Executive Officer, Basuvanthanai,Panchayat, Ottapidaram Taluk, Thoothukudi District.
+1 CC to M/s.M.Pandian, Advocate ( SR-32656[F] dated 26/10/2021 ) +1 CC to SPL.Govt Pleader,( SR-32822[F] dated 27/10/2021 ) W.P.(MD) No.19048 of 2021 26.10.2021 MGJ/JC(09.11.2021) 3P 8C