Perumal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Perumal, S/o.Veerapathiran ... Petitioner -vs1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Trichy District.

3.The Tahsildar, Theruvembur Taluk, Trichy District.

4.The Estate Officer, Ordinance Factory, Trichy, Unit of AWEIL, Government of India Enterprise, Ministry of Defence, Tamil Nadu.

5.Eranian 6.Navaneedhakrishnan ... 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 take appropriate action to remove the encroachments made in Survey Nos.129/2 and 138/1 of the Palanganangudi Village, Trichy District, by disposing the proceedings in Na.Ka.No.A1/29246/2024, dated 19.07.2024, pending on their file, within stipulated time may be fixed by this Court.

For Petitioner : Mr.Ayyanar Prem Kumar For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader For R4 : Mr.K.Govindarajan Deputy Solicitor General of India

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] The learned Deputy Solicitor General of India appearing for the fourth respondent would submit that the fourth respondent on coming to know about the encroachment, had taken action for removal of encroachment, which was subject matter of challenge in W.P.(MD)No.17936 of 2024 filed by one Iranian. The said Writ Petition was also withdrawn with liberty to file a statutory appeal under the Public Premises [Eviction of Unauthorized Occupants] Act,

1971. The learned Deputy Solicitor General of India would also assure this Court that action is underway to remove the encroachment.

2. In the light of the statement made by the learned Deputy Solicitor General of India, this Writ Petition is disposed of with the direction to the fourth respondent to pursue the eviction proceeding to its logical conclusion. We make it clear that we have not gone into the merits of the contentions of the petitioner. No costs.

NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 05.09.2024 smn2 To:- 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Trichy District.

3.The Tahsildar, Theruvembur Taluk, Trichy District.

4.The Estate Officer, Ordinance Factory, Trichy, Unit of AWEIL, Government of India Enterprise, Ministry of Defence, Tamil Nadu.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 05.09.2024