K.Pandi Rajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Pandi Rajan ... Petitioner vs.

1. The District Collector, Office of the Collectorate, Theni District.

2. The Tahsildar / Monitoring Committee, Bodinayakkanur Taluk, Theni District.

3. The Head Surveyor, Bodinayakkanur Taluk, Theni District.

4. The Village President Kodangipatti Village, Bodinayakkanur Taluk, Theni District.

5. Dhanam ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, direct the respondents 1 to 4 herein to remove the encroachment by evicting the constructions put up by the 5th respondent in Page No.1 of 4

Survey No.994/30 situated Manjinayakkanpatti Village, Bodinayakkanur Taluk, Theni District.

For Petitioner : Ms.G.Shabna For R1 to R4 : Mr.S.P.Maharajan Special Government Pleader

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) Prayer in the Writ Petition reads as follows:- ''To issue a Writ of Mandamus, direct the respondents 1 to 4 herein to remove the encroachment by evicting the constructions put up by the 5th respondent in Survey No.994/30 situated Manjinayakkanpatti Village, Bodinayakkanur Taluk, Theni District.''

2. Mr.S.P.Maharajan, learned Special Government Pleader, takes notice for the respondents 1 to 4. Since we are not passing any adverse order, notice to the fifth respondent is deemed unnecessary.

3. Mr.S.P.Maharajan, learned Special Government Pleader appearing for the respondents 1 to 4 would submit that a survey was conducted pursuant to the complaint given by the petitioner and it has been found that there is some Page No.2 of 4

encroachment on the land, which is classified as ''Sarkar Poramboke Lane''. Hence, there will be a direction to the respondents 1 to 4 to take appropriate action under the Tamil Nadu Land Encroachment Act, 1905, after giving proper notice to the alleged encroachers.

4. The Writ Petition is disposed of with the above direction. No costs. (R.S.M, J.) (L.V.G, J.) 04.10.2024 Index : No : No smn2 To

1. The District Collector, Office of the Collectorate, Theni District.

2. The Tahsildar / Monitoring Committee, Bodinayakkanur Taluk, Theni District.

3. The Head Surveyor, Bodinayakkanur Taluk, Theni District.

4. The Village President Kodangipatti Village, Bodinayakkanur Taluk, Theni District.

Page No.3 of 4

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

smn2 ORDER MADE IN DATED : 04.10.2024 Page No.4 of 4