M.Sulthan Sherif v. The District Collector Cum Monitoring Committee

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Sulthan Sherif ... Petitioner Vs.

1.The District Collector / Monitoring Committee, Office of the District Collector, Madurai District, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Madurai, 3.The Tahsildar, Office of the Tahsildar, South Taluk, 4.The Village Administrative Officer, Office of the Village Administrative Officer, Moothankulam Village, 1/4

5.Balgeesh 6.Sarthaj Begam ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 and 6 in Kanmai Puramboke Land in Survey No.23, Moothankulam Village, Virathanur Panchayat, Madurai South Taluk, Madurai District by considering the petitioner's representation dated 27.08.2024 within the period stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.R.Ragavendran Government Advocate for R.1 to R.4

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Government Advocate appearing for the respondents 1 to 4. Issuance of notice to the respondents 5 and 6 is dispensed with. 2.The petitioner alleges that the respondents 5 and 6 committed encroachment in Survey No.23, Moothankulam Village which has been classified as "Water body". The petitioner has submitted more than one representations.

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3.We direct the third respondent to conduct survey. If encroachment is noticed, by adhering to due process of law the encroachment shall be removed. Encroachers if any shall also be duly put on notice. 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.] 17.10.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector / Monitoring Committee, Office of the District Collector, Madurai District, 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Madurai, 3/4

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

MGA 3.The Tahsildar, Office of the Tahsildar, South Taluk, 4.The Village Administrative Officer, Office of the Village Administrative Officer, Moothankulam Village, 17.10.2024 4/4