M.Syed Ahamed Rowther @ v. District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2023 CORAM :
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR M.Syed Ahmed Rowther @ M.S.Rowther ... Petitioner vs.
1. District Collector, Pudukottai and District.
2. Revenue Divisional Officer, Aranthangi and Taluk, Pudukottai District.
3. Tahsildar, Manamelkudi and Taluk, Pudukottai District.
4. S.Y.N.Kalandhar Naina Mohammed
5. S.Y.N.Jaffarullah
6. S.Y.N.Mohammed Fathima ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing 1/6
the respondents 1 to 3 to consider the petitioner's representation dated 25.06.2015 to carry out eviction of encroachment in S.No.225, Pallivasal Kulam, at Vichur Theppanthavayal, S.No.101 Pallivasal Kulam at Thandalaivattam, in S.No.226 'Vari' at Thandalaivattam. For Petitioner : Mr.N.Balakrishnan For R1 to R3 : Mr.P.T.Thiraviyam Government Advocate For R4 & R5 : Mr.S.Vinoth Kumar
ORDER
(Order of the Court was made by D.KRISHNAKUMAR, J.) The prayer in this writ petition is for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 25.06.2015 to carry out eviction of encroachment in S.No.225, Pallivasal Kulam, at Vichur Theppanthavayal, S.No.101 Pallivasal Kulam at Thandalaivattam, and S.No.226 'Vari' at Thandalaivattam.
2.
Despite the writ petition is pending for more than seven years, till date, the official respondents have not chosen to file counter 2/6
affidavit. We seriously deprecate the attitude of the official respondents in not filing the counter affidavit till date. Thus, we direct the District Collector to take necessary action against the officers concerned for not filing the counter in this case. 3.
However, learned Government Advocate appearing for the official respondents, on instructions, submitted that now the action is taken by the authority concerned for removal of encroachment in the place in question and the same will be done by due process of law within a time frame to be fixed by this Court. 4.
In the light of the aforesaid submission, we direct the 3rd respondent/Tahsildar to conduct a survey in S.No.225, Pallivasal Kulam, at Vichur Theppanthavayal, S.No.101 Pallivasal Kulam at Thandalaivattam, and S.No.226 'Vari' at Thandalaivattam and demarcate the boundaries of the same in the presence of all the parties concerned after putting them on notice. If there is any encroachment in the said survey numbers, the same shall be 3/6
removed, after providing sufficient opportunity to all the encroachers concerned and by following due process of law. Such an exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. The 2nd respondent is directed to monitor the eviction proceedings and ensure that all the encroachments are removed within the aforesaid stipulated time. If appropriate action is not taken for removal of encroachment within the stipulated time, it is made clear that this Court will take very serious view against the 2nd respondent.
5.
With the above direction, the Writ Petition is disposed of. No costs.
[D.K.K.,J.] & [R.V.,J.] 23.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes bala To
1. District Collector, Pudukottai and District.
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2. Revenue Divisional Officer, Aranthangi and Taluk, Pudukottai District.
3. Tahsildar, Manamelkudi and Taluk, Pudukottai District.
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D.KRISHNAKUMAR , J.
and R.VIJAYAKUMAR, J.
bala ORDER MADE IN DATED : 23.01.2023 6/6