Ayyakannu. C v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.Ayyakannu ... Petitioner -vs1.The Principal Secretary to Government Revenue Department, Secretariat Chennai-600 009 2.The Commissioner (Land Administration Department) 2nd Floor, Ezhilagam Chepauk, Chennai-600 005 3.The District Collector District Collector Office Trichy District-620 001 4.The Revenue Divisional Officer Office of the Revenue Divisional Officer Srirangam, Trichy-620 009

5.The Tahsildar Manapparai Taluk Office Manapparai Trichy District-621 306 6.Vellaikunju ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the fifth respondent to consider the petitioner's representation dated 11.07.2023 and consequently direct the fifth respondent to make necessary action to evict the encroachment made by the sixth respondent in the government land within the time stipulated by this Court. For Petitioner :

Mr.S.Vikram For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R5 Mr.S.Anand Chandrasekar for M/s.Sarvabhauman Associates for R6

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the fifth respondent to consider the petitioner's representation dated 11.07.2023 and consequently to

direct the fifth respondent to make necessary action to evict the encroachment made by the sixth respondent in the Government land within the time stipulated by this Court.

2. Learned Government Pleader appearing for the respondents 1 to 5, on instruction, would submit that the lands from which the encroachments are sought to be removed are in Survey Nos.159/1 and 160 of Pudhuvadi Village, Manapparai Village, Trichirappalli District. Of which, the land in Survey No.159/1 is classified as "Vaari Poramboke", wherein, there is an encroachment and the land in Survey No.160 is classified as "Government Poramboke", wherein, there is no encroachment. Further, the learned Government Pleader undertakes that necessary action will be taken for removal of encroachment in Survey No.159/1.

3. Recording the above submission of the learned Government Pleader appearing for the respondents 1 to 5, we direct the official respondents to consider the petitioner's representation dated 11.07.2023 and take a decision, on merits and in accordance with law, after affording due opportunity to the all the parties concerned. Such an exercise shall be

completed within a period of twelve weeks from the date of receipt of a copy of this order.

4. Accordingly, this writ petition is disposed of. No costs. [D.K.K., J.] [R.V., J.] 03.01.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.

2.The Commissioner, (Land Administration Department), 2nd Floor, Ezhilagam, Chepauk, Chennai-600 005.

3.The District Collector, District Collector Office, Trichy District-620 001.

4.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Srirangam, Trichy-620 009.

5.The Tahsildar, Manapparai Taluk Office, Manapparai, Trichy District-621 306.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk 03.01.2024