← Library
Madras High CourtWP(MD)/13870/2015disposed of

A.Abdul Jaffar, v. The District Collector,

2023-07-10Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Abdul Jaffar ... Petitioner Vs 1.The District Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar, 4.The Block Development Officer, 5.Perumal 6.Manickam ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the fourth respondent to implement the order of the third respondent in his proceedings in Na.Ka.No. 1/4

353/2014/A1 dated 23.04.2015 to remove the encroachment in S.No.701/3 Warpat Village, Ponnamaravathy Taluk, Pudukkottai District within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.V.A.Dhana Aravaindha Balaji for M/s.Dhana Law Associates For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R.1 to R.3 Mr.M.Rajarajan for R.4 Mr.M.Ramu for R.5 No Appearance for R.6

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents. Though notice has been served on the private respondents, they have not chosen to enter appearance.

2. The grievance of the petitioner is that the petition mentioned survey number is a water body and that it has been encroached and the Tahsildar, Ponnamaravathy after initiating action against them taken has not taken the issue to its logical conclusion.

2/4

3. The third respondent is directed to complete the enquiry. The private respondents and other encroachers if any shall be heard before passing final order. If the third respondent is satisfied that the petition mentioned survey number is a water body and that it has been encroached, action shall be taken to remove the encroachment. I make it clear that I have not gone into the merits of the matter. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. This writ petition is disposed of accordingly. There shall be no order as to costs.

10.07.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The District Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar, 3/4

G.R.SWAMINATHAN, J.

MGA 4.The Block Development Officer, 10.07.2023 4/4