D.Chellappa v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI D.Chellappa ... Petitioner -vs1.The Principal Secretary, Commissioner of Land Administration, Chepauk, Chennai 600 005 2.The District Collector / Monitoring Committee, Tirunelveli District, Tirunelveli.

3.The Sub Collector, Cheranmahadevi Division, Tirunelveli District.

4.The Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.

5.The President, Kuniyoor Panchayat, Cheranmahadevi Taluk, Tirunelveli District.

6.N.Maharajan ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to give appropriate directions to respondents 3 and 4 to remove the encroachment made by the sixth respondent in the Government Manthai Poromboke running in Survey No.175/3, in Kuniyoor Village, Cheranmahadevi Taluk, Tirunelveli District, based on the representation dated 25.11.2023.

For Petitioner : Mr.R.J.Karthick For R1 to R5 :

Mr.S.R.A.Ramachandran Additional 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 directing the second respondent to give appropriate directions to respondents 3 and 4 to remove the encroachment made by the sixth respondent in the Government Manthai Poromboke running in Survey No.175/3, in Kuniyoor Village, Cheranmahadevi Taluk, Tirunelveli District, based on the representation dated 25.11.2023.''

2. Mr.S.R.A.Ramachandran, learned Additional Government Pleader, appearing for the respondents 1 to 5 would submit that proceedings for eviction has already been initiated and the authorities will be issuing notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 (Act III of 1905) [hereinafter referred to as ''the Act''] very shortly.

3. In view of the same, we do not see any reason to issue a Mandamus as prayed for. The Writ Petition is disposed of with the direction to the respondents 3 and 4 to take appropriate action under the Act and pursue it to its logical conclusion. Action shall be initiated within a period of eight weeks from the date of receipt of a copy of this order. No costs. NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 03.10.2024 smn2 To 1.The Principal Secretary, Commissioner of Land Administration, Chepauk, Chennai 600 005

2.The District Collector / Monitoring Committee, Tirunelveli District, Tirunelveli.

3.The Sub Collector, Cheranmahadevi Division, Tirunelveli District.

4.The Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.

5.The President, Kuniyoor Panchayat, Cheranmahadevi Taluk, Tirunelveli District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 03.10.2024