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Madras High CourtWP(MD)/22989/2015disposed of

P.Sulochana, W/O.M.Paramasivam v. The Secretary To The

2022-09-28Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD)No.2419 of 2016 1.P.Sulochana 2.P.Raja 3.M.Neelavathi 4.N.Sathyadevi ... Petitioners Vs.

1.The Secretary to the Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Fort St. George, Chennai.

2.The Director of Rural Development and Panchayat Raj Department, Rural Development and Panchayat Raj Panagal Building, 4th and 5th Floor, Jeenis Road, Saidapet, Chennai - 600 015.

3.The District Collector, 4.The Superintendent of Police, 5.The Revenue Divisional Officer, 6.The Tahsildar, Srirangam Taluk, 7.The Block Development Officer, Anthanallur Panjayat Union, Srirangam Taluk, 8.The Chairman, Anthanallur Panjayat Union, Srirangam Taluk, 9.R.Alagesan 10.Inspector of Police, Jeeyapuram Police Station, 11.Shanmugalakshmi 12.The Panchayath President, Pettavaithalai Panchayath,

Anthanallur Union, Srirangam Taluk, 13.A.Rathinam Alagesan 14.G.Rakkan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to take appropriate action against the respondents 8 and 12 under Sections 207 & 205 of the Tamil Nadu Panchayats Act 1994 and also to remove the encroachments made in the petitioners land by the Respondents 8, 9, 12, 13 and 14 which is situated at Trichirapalli District, Pettavaithalai Revenue Village, Palangaveri Village, in S.F.No.41/3 out of Hec.0.48.0 Areas, (Ac.1.06 cents) to an extent of 5 cents house site called as "Vathakuzhi land", with the four boundaries on the North of Indra House, West of Thiruganam house in S.F.No.41/5, South of Ayyan Vaikkal S.F.NO.41/1, East of Raja house site (2nd petitioner), with compensation from respondents 8,9,11,12,13 and 14 for their malafie, illegal act. For Petitioners :

Mr.R.Rajaraman For Respondents :

Mr.P.Thilakkumar, Govt. Pleader for R1, R2, R3, R5 to R7 Mr.T.Senthil Kumar, Addl. Public Prosecutor for R4, R9 & R10 No Appearance for R8, R9 & R11 to R14

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take appropriate action against the respondents 8 and 12 under Sections 207 & 205 of the Tamil Nadu Panchayats Act, 1994 and also to remove the encroachments made in the petitioner's land by the Respondents 8, 9, 12, 13 and 14.

2. It is the case of the petitioners that the respondents 8, 9, 12, 13 and 14 have encroached their land. Hence, the first petitioner's husband filed a suit in O.S.No.1487 of 1995 on the file of the District Munsif Court, Tiruchirapalli, against the above said respondents for a permanent injunction and the said suit was decreed . However, the respondents 1 to 3 have failed to initiate any action against the respondents 8, 9, 12, 13 and 14 for their illegal act. Hence, this Writ petition.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioners submitted that the Writ petition may be closed with liberty to the petitioners to approach the authorities concerned for appropriate relief, on the basis of the judgment and decree passed in the civil suit in O.S.No. 1487 of 1995 on the file of the District Munsif, Tiruchirapalli.

5. Thus, granting such liberty, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] [J.S.N.P., J.] vsm 28.09.2022

To 1.The Secretary to the Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Fort St. George, Chennai.

2.The Director of Rural Development and Panchayat Raj Department, Rural Development and Panchayat Raj Panagal Building, 4th and 5th Floor, Jeenis Road, Saidapet, Chennai - 600 015.

3.The District Collector, 4.The Superintendent of Police, 5.The Revenue Divisional Officer, 6.The Tahsildar, Srirangam Taluk, 7.The Block Development Officer, Anthanallur Panjayat Union, Srirangam Taluk,

8.The Chairman, Anthanallur Panjayat Union, Srirangam Taluk, 9.Inspector of Police, Jeeyapuram Police Station, 10.The Panchayath President, Pettavaithalai Panchayath, Anthanallur Union, Srirangam Taluk,

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm 28.09.2022