Madras High CourtWP(MD)/24704/2024disposed of

S. Govindasamy v. The District Revenue Officer

2024-10-22Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.21027 of 2024 S.Govindasamy ... Petitioner Vs.

1.The District Revenue Officer, Pudukkottai District, Pudukkottai - 622 001.

2.The Revenue Divisional Officer, Iluppur Revenue Division, Iluppur - 622 102, 3.The Tahsildar, Kulathur - 622 504, 4.The Block Development Officer, Kundrandarkovil Panchayat Union, 1/4

5.The Village Panchayat President / Executive Officer, Mootampatti Panchayat, Kundrandarkovil Block, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorari to call for the records pertaining to the Impugned Proceedings in Na.Ka.No.1/2024 dated 16.09.2024 issued by the fifth respondent and quash the same on the ground that the same is arbitrary, illegal and without any legal basis.

For Petitioner : Mr.D.Gurusamy For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2.The petitioner challenges the impugned communication dated 16.09.2024 issued by the fifth respondent calling upon the petitioner to remove the petition mentioned encroachment.

2/4

3.We make it clear that even if the petitioner fails to comply with the demand, the fifth respondent on his own cannot take any coercive action against the petitioner. The fifth respondent has to necessarily refer the matter to the third respondent. The third respondent has to strictly comply with the provisions of the Tamil Nadu Land Encroachment Act, 1905. In that event, the petitioner will be given due opportunity as there has to be enquiry. 4.Keeping intact all the rights of the writ petitioner, this Writ Petition is disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [B.P., J.] 22.10.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Revenue Officer, Pudukkottai District, Pudukkottai - 622 001.

2.The Revenue Divisional Officer, Iluppur Revenue Division, Iluppur - 622 102, 3/4

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

MGA 3.The Tahsildar, Kulathur - 622 504, 4.The Block Development Officer, Kundrandarkovil Panchayat Union, and W.M.P(MD)No.21027 of 2024 22.10.2024 4/4