Angusamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD) No.18340 of 2022 Angusamy ... Petitioner -vs1.The District Collector Sivagangai District Sivagangai-630 562 2.The District Revenue Officer Sivagangai District, Sivagangai-630 562 3.The Revenue Divisional Officer Sivagangai Regional Revenue Office Sivagangai Town, Majith Road Sivagangai District, Sivagangai-630 562 4.The Tahsildar Kalaiyar Kovil Revenue Region Sivagangai District-630 551 5.The President Kollangudi Panchayat Kalaiyar Kovil Taluk Alagaburi Post Sivagangai District-630 556

6.Vedharaj 7.Sebastian ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to take lawful action and remove the encroachments made in the Government Poramboke land in Survey No.62/3, measuring 1 Acre 36 Cents, Ayurulithachan Kanmai Village, Paruthikanmai Group, Kalaiyar Kovil Taluk, Sivagangai District and remove the illegal and unauthorized constructions including the fence erected therein by the private respondents 6 and 7 in accordance with the representations dated 16.05.2022 and 07.10.2022 sent by the villagers including the petitioner.

For Petitioner :

Mr.N.Dilip Kumar For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R4

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents 1 to 4.

2. Since the writ petition is disposed of at the admission stage itself and considering the nature of the order proposed to be passed, notice to the respondents 5 to 7 is dispensed with.

3. With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4. The prayer in the writ petition is for issuance of a writ of mandamus directing the respondents 1 to 5 to take lawful action and remove the encroachments made in the Government Poramboke land in Survey No. 62/3, measuring 1 Acre 36 Cents, Ayurulithachan Kanmai Village, Paruthikanmai Group, Kalaiyar Kovil Taluk, Sivagangai District and also remove the illegal and unauthorized constructions, including the fencing erected therein, by the respondents 6 and 7 as pointed out in the representations dated 16.05.2022 and 07.10.2022 sent by the villagers including the petitioner.

5. The learned Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that the encroachments as well as

unauthorized constructions, if any, as projected by the petitioner in his representations, would be removed, after due opportunity to all the parties concerned and by due process of law, within a period of twelve weeks.

6. Recording the above submission of the learned Government Pleader and directing the authorities concerned to remove the encroachments as well as the unauthorized constructions, if any, as projected by the petitioner in his representations, within a period of twelve (12) weeks from the date of receipt of a copy of this order, after giving sufficient opportunity to all the parties concerned and by following due process of law, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] [J.S.N.P., J.] 20.10.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Sivagangai District, Sivagangai-630 562.

2.The District Revenue Officer, Sivagangai District, Sivagangai-630 562.

3.The Revenue Divisional Officer, Sivagangai Regional Revenue Office, Sivagangai Town, Majith Road, Sivagangai District, Sivagangai-630 562.

4.The Tahsildar, Kalaiyar Kovil Revenue Region, Sivagangai District-630 551.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk and W.M.P.(MD) No.18340 of 2022 20.10.2022