Subramani 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 Subramani ... Petitioner Vs.

1.The District Collector / Monetary Committee, Office of the Collectorate, 2.The District Revenue Officer, Dindigul, 3.The Revenue Divisional Officer, Palani, 4.The Tahsildar, Kugiliyamparai, 5.The Block Development Officer, Panchayat Union, Kugiliyamparai, 1/4

6.The President, R.Kombai Panchayat, Kugiliyamparai Panchayat Union, 7.Rajaraman 8.Ganesan 9.Machchakalai 10.Marimuthu ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 6 to restrain the respondents 7th to 10th from illegally encroaching in government' s odai Purambokku land where is located in Survey No.1443 at R.Kombai Village, Kugiliyamparati Taluk, Dindigul District within stipulated time fixed by this Court. For Petitioner : Mr.S.Muthumalai Raja For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1 to R.4 Mr.B.Saravanan Additional Government Pleader for R.5 & R.6

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the official respondents. Issuance of notice to the private respondents is dispensed with. 2/4

2.When the matter was taken up for hearing, the learned Additional Government Pleader confirmed the allegation of the writ petitioner that Survey No.1443, R.Kombai Village is a water body and that there are encroachments. It is also stated that survey has already been conducted. 3.We direct the fourth respondent to issue notices to the private respondents / encroachers for removal of encroachment. Procedure set out in the Tamil Nadu Land Encroachment Act, 1905 shall be fully complied with. Final action as per law shall be taken 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 3/4

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

MGA To 1.The District Collector / Monetary Committee, Office of the Collectorate, 2.The District Revenue Officer, Dindigul, 3.The Revenue Divisional Officer, Palani, 4.The Tahsildar, Kugiliyamparai, 5.The Block Development Officer, Panchayat Union, Kugiliyamparai, 17.10.2024 4/4