Muthuvel G v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN G.Muthuvel ... Petitioner Vs.
1.The District Collector, Velunachiyar Compound, Dindigul District.
2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Dindigul - 4.
3.The Tahsildar, Dindigul East Taluk Office, Nagal Nagar, Dindigul - 3.
4.The Block Development Officer, O/o.Village Union Office, Dindigul - 1.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the Adiyanoothu Village in Survey No.1100, Vedapatti, Pudukulam extended 1.69.0 Hecrs in East Taluk, Dindigul on the basis of the proceedings of the 3rd Respondent in e.f.vz;.2946/2018/m2 with encroachers report dated on 26.03.2018 within stipulated time as may be fixed by this Hon'ble Court.
For Petitioner : Mr.V.Karuna For Respondents : Mr.B.Saravanan Additional Government Pleader
O R D E R
(Order of the Court was made by PUSHPA SATHYANARAYANA,J.) The Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing Respondent Nos.2 to 4 to remove the encroachments made in Survey No.1100, Vedapatti, Pudukulam, measuring an extent of 1.69.0 Hectares in East Taluk, Dindigul on Page 1/3
the basis of the proceedings of the 3rd Respondent in e.f.vz;.2946/2018/m2, dated on 26.03.2018, within a time frame. 2.Mr.B.Saravan, learned Additional Government Pleader, accepts notice on behalf of the respondents.
3.By consent of both sides, this Writ Petition itself is taken up for final disposal at the time of admission. 4.The fourth respondent Block Development Officer in his proceedings in e.f.vz;.2317/2018/m7, dated on 26.04.2018, had enumerated the number of encroachers and the names of the encroachers, which are 94 in number, and despite the same, there is no effort to remove the encroachments.
5.The learned Additional Government Pleader appearing for the respondents submitted that alternative accommodation has to be provided for all the above said encroachers and after providing alternative accommodations the encroachments will be removed. 6.As it is already more than four years from the date of enumeration of the encroachers list, the respondents are directed to remove the encroachments and report compliance to this Court within a period of three months from the date of receipt of a copy of this order.
7.The Writ Petition stands disposed of with the above directions. No costs.
Post the matter on 24.03.2022 for reporting compliance. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) sj Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The District Collector, Velunachiyar Compound, Dindigul District.
Page 2/3
2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Dindigul - 4.
3.The Tahsildar, Dindigul East Taluk Office, Nagal Nagar, Dindigul - 3.
4.The Block Development Officer, O/o.Village Union Office, Dindigul - 1.
Copy to The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.SPL GP ( SR-38854[F] dated 15/12/2021 ) +1 CC to M/s.V.KARUNA, Advocate ( SR-38762[F] dated 15/12/2021 ) 14.12.2021 RK(05/01/2022)3P/8C Page 3/3