V.Chinnadurai v. The Special Commissioner (Land Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.Chinnadurai ... Petitioner Vs.

1.The Special Commissioner (Land Administration), Chepauk, Chennai - 600 005.

2.The District Collector / Monitoring Committee, District Collector Office, Theni Highway, Karuvel, Boomi Nayakan Patti, 3.The Revenue Divisional Officer, Vivek Nagar, Sri Ram Nagar, Unjampatti, Theni District - 625 531.

4.The Tahsildar, Vivek Nagar, Sri Ram Nagar, Unjampatti, 1/5

5.The Village Administrative Officer, Balakombai Village & Post, Theni District - 625 512.

6.The Executive Engineer, Public Works Department, No.33, Gandhiji Main Road, NRT Nagar, 7.S.Manikandan ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the encroachment committed in the Odai Poramboke land encroached by the 7th respondent in S.No.24 of Balakombai Village, Aundipatti Taluk, and to restore the Government Odai Poramboke land for its own purpose, in order to protect the public nuisance occurred to other patta lands and cultivable lands nearby. For Petitioner : Mr.C.Sivakumar For Respondents : Mr.D.V.Vairam Santhosh Additional Government Pleader for R.1 to R.6

ORDER

Heard the learned counsel for the writ petitioner and the learned Additional Government Pleader for the official respondents. Issuance of notice to the seventh respondent is dispensed with.

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2.The petitioner alleges that in the petition mentioned Odai poramboke there are encroachments. The allegation made by the petitioner is confirmed by the official respondents.

3.The fourth respondent is directed to issue notice to the seventh respondent and other encroachers if any, hold enquiry and pass final order for removal of encroachments. We make it clear that we have not foreclosed the defences of the private parties. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. 4.This writ petition is disposed of accordingly. There shall be no order as to costs.

[G.R.S., J.] [B.P., J.] 12.09.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The Special Commissioner (Land Administration), Chepauk, Chennai - 600 005.

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2.The District Collector / Monitoring Committee, District Collector Office, Theni Highway, Karuvel, Boomi Nayakan Patti, 3.The Revenue Divisional Officer, Vivek Nagar, Sri Ram Nagar, Unjampatti, 4.The Tahsildar, Vivek Nagar, Sri Ram Nagar, Unjampatti, 5.The Village Administrative Officer, Balakombai Village & Post, Theni District - 625 512.

6.The Executive Engineer, Public Works Department, No.33, Gandhiji Main Road, NRT Nagar, 4/5

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 12.09.2024 5/5