Sakthivel M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Sakthivel ... Petitioner -vs1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Kulathur, Pudukkottai District.

3.The Inspector of Police, Keeranur Police Station, Pudukkottai District.

4.Rajkumar, S/o.Sannasi 5.Jaishankar, S/o.Sannasi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to remove the encroachment made by respondents 4 and 5 on the Government Poramboke land in S.F.No.266/1 (total extent 0.21.5 Ares), situated at O.Pallathupatti Village,

Kulathur Taluk, Pudukottai District, based on the petitioner's representation dated 13.08.2024 and consequently, direct the third respondent to give adequate protection to remove the encroachment.

For Petitioner : Mr.N.Kamesh For R1 and R2 : Mr.P.Thilakkumar Government Pleader For R3 : Mr.B.Thanga Aravindh Government Advocate (Criminal side)

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Although a flex banner stating that the land in Survey No.266/1, measuring an extent of 0.21.5 Ares in Odugampatti Revenue Village, belongs to the Government, has been put up by the Tahsildar, Keeranur Taluk, the petitioner claims that the land has been encroached upon.

2. Mr.P.Thilakkumar, learned Government Pleader appearing for the respondents 1 and 2 would submit that the respondents should take action in accordance with the law to remove the encroachment, if any, found on the said land.

3. Recording the above said submission of the learned Government Pleader, this Writ Petition is disposed of with the direction to the authorities to initiate appropriate action under the Tamil Nadu Land Encroachment Act, 1905, if any, encroachment is found on the said land. The proceedings shall be initiated within a period of six weeks from the date of receipt of a copy of this order. No costs.

NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 28.08.2024 smn2 To:

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Kulathur, Pudukkottai District.

3.The Inspector of Police, Keeranur Police Station, Pudukkottai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 28.08.2024