N. Ramesh v. The District Collector / Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI N.Ramesh ... Petitioner -vs1.The District Collector/Monitoring Committee, O/o. District Collectorate, 2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, 3.The Tahsildar, 4.The Block Development Officer, Kuruvikulam Panchayat Union, Tenkasi.

5.The Village Administrative Officer, Nallanthulla Village & Panchayath, Kuruvikulam Panchayath Union, 6.The President, Nallathulla Village & Panchayath, Kuruvikulam Panchayath Union,

7.Maarisamy ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to take appropriate action against the 7th respondent and remove the encroachment in common pathway bearing S.No.1009/10, Nallanthulla Village, Tiruvengadam Taluk, Tenkasi District.

For Petitioners : Mr.Ramasamy For Respondents 1to 4 : Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents 1 to 4.

2.The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, directing the respondents 1 to 5 to take appropriate action against the 7th respondent and remove the encroachment in common pathway bearing S.No.1009/10, Nallanthulla Village, Tiruvengadam Taluk, Tenkasi District." 3.The Tahsildar, Tiruvengadam Taluk, has along with the communication dated 08.10.2023, addressed to the learned Government Pleader, placed documents relating to proceedings taken to identify the encroachments and removed them. He also stated that notices have been

issued to the encroachers under Section 7 of the Land Encroachment Act, 1905, on 03.10.2024.

4.In view of the above, we do not see any need to issue a Mandamus as prayed for. We however, make it clear that the respondents while proceed with the process of removal of encroachments strictly in accordance with law and complete the same within a period of 12 weeks from the date of receipt of copy of this order.

5.Hence, the Writ Petition is disposed of. No Costs. [R.S.M., J.] [L.V.G., J.] 04.10.2024 NCC :

Yes/No Index :

Yes/No Internet :

Yes Mrn

To 1.The District Collector/Monitoring Committee, O/o. District Collectorate, 2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, 3.The Tahsildar, 4.The Block Development Officer, Kuruvikulam Panchayat Union, Tenkasi.

5.The Village Administrative Officer, Nallanthulla Village & Panchayath, Kuruvikulam Panchayath Union,

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 04.10.2024