M.Krishnamoorthy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR M.Krishnamoorthy ... Petitioner -vs1.The District Collector Office of Collectorate Thanjavur District 2.The Revenue Divisional Officer NSC Bose Nagar Arulananda Nagar West Extension Thanjavur 3.The Tahsildar Taluk Office, Orathanadu Thanjavur District 4.Durairaj 5.Ravi ... 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 remove the encroachment made by the respondents 4 and 5 at public pathway ('Nilaviyal

Pathai') in S.No.63/28, which is situated at Naduvur Village, Orathanadu Taluk, Thanjavur District, within the time frame stipulated by this Court. For Petitioner :

Mr.J.Senthil Kumaraiah For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R3 No appearance for R4 & R5

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the respondents 1 to 3 to remove the encroachment made by the respondents 4 and 5 at public pathway ('Nilaviyal Pathai') in S.No.63/28 of Naduvur Village, Orathanadu Taluk, Thanjavur District, within the time stipulated by this Court.

2. According to the petitioner, though notice under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, has been served to the respondents 4 and 5, no action has been taken for removal of encroachments made by them in the public pathway. Therefore, the present writ petition is filed.

3. Learned Government Pleader appearing for the respondents 1 to 3, on instructions, submits that pursuant to the said notice issued, the official respondents will take necessary action in accordance with law.

4. In view of the above submission of the learned Government Pleader, we direct the Tahsildar / third respondent to take necessary action for removal of encroachments made by the respondents 4 and 5 in the subject pathway, in accordance with law, pursuant to the notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, if there is no other legal impediment, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

[D.K.K., J.] [R.V., J.] 11.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Office of Collectorate, Thanjavur District.

2.The Revenue Divisional Officer, NSC Bose Nagar, Arulananda Nagar West Extension, Thanjavur.

3.The Tahsildar, Taluk Office, Orathanadu, Thanjavur District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk 11.03.2024