Ayyadurai. S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Ayyadurai ... Petitioner -vs1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kovilpatti - 628 501.

3.The Tahsildar, Office of the Tahsildar, Ottapidaram, Thoothukudi District.

4.Serman, S/o.Kumaraiyan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent in the cart track in Survey No.171,

Vellaram Village, Ottapidaram Taluk, Thoothukudi District, by considering the petitioner's representation dated 10.03.2024. For Petitioner : Mr.M.P.Senthil For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in the Writ Petition reads as follows:- ''To issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent in the cart track in Survey No.171, Vellaram Village, Ottapidaram Taluk, Thoothukudi District, by considering the petitioner's representation dated 10.03.2024.''

2. The Tahsildar of Ottapidram, Thoothukudi District / the third respondent herein, has, in his letter dated 30.08.2024, addressed to the learned Government Pleader, stated that the claim of encroachment on the road is true and that the encroached portion has also been identified after proper survey. The said letter also discloses that the action is underway to remove the encroachment as per the provisions of the Tamil Nadu Land Encroachment Act, 1905.

3. In the light of the above instructions, this Writ Petition is disposed of with the direction to the authorities to initiate and complete the action for removal of encroachment, within a period of 12 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 30.08.2024 smn2 To:- 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kovilpatti - 628 501.

3.The Tahsildar, Office of the Tahsildar, Ottapidaram, Thoothukudi District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 30.08.2024