Nazarullahkhan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.24848 of 2023 and W.M.P.(MD)No.21055 of 2023 Nazarullahkhan ... Petitioner Vs.

1.The District Collector, O/o. District Collector, 2.The District Revenue Officer, O/o.District Revenue, 3.The Revenue Divisional Officer, O/o.Revenue Divisional Office, 4.The Tahsildar, O/o.Tahsildar Office, Ramanathapuram Taluk, 5.The Commissioner, 1/6

Ramanathapuram Municipality Office, Vandikara Street, 6.The Executive Engineer, Vaigai Illangal, (Nearby Krishna Theater), Paramakudi, 7.The Superintending Engineer, District Collector Campus, Sivagangai, Sivagangai District.

8.The Assistant Engineer, Lethams Bungalow Road, Government Hospital Road, Ramanathapuram District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to forbear the respondents from removing the encroachment of the eastern side of the small portion of petitioner's residential house in survey No. 180 to an extend of 1573 sq ft by length of 88 ft of the eastern side to western side width 19 1/4 ft of the western to north an side situated at Alangacheri Street, Ramanathapuram Town, Ramanathapuram Taluk, Ramanathapuram District, in the guise of removing encroachment of Alli Kanmai Oorani, situated at Ramanathapuram Town in Ward - C, Block 11, T.S.No. 4/1, G.R.S. No. 341/2A, to an extend of 3 hectares 52 Ares, Ramanathapuram without issuing Form II, III notice of the Tamil Nadu 2/6

Protection of Tanks and Eviction of Encroachment Act, 2007 and without following the procedure contemplated by this Court in case of T.S.Senthilkumar Vs. Government of Tamil Nadu reported in 2010 3 MLJ 771 and consequently, by considering the petitioner's representation dated 22.09.2023 in accordance with law within a time stipulated by this Court. For Petitioner : Mr.D.Balamuruga Pandi For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 to R4, R 6 to R8 : Mr.K.Saravanan for R5

ORDER

Heard both sides.

2. When the matter was taken up for hearing, the learned Special Government Pleader submitted that only survey has been done till date and that before removing any encroachment, due process of law will be followed.

3. Recording the said submission, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [B.P., J.] 17.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 3/6

To 1.The District Collector, O/o. District Collector, 2.The District Revenue Officer, O/o.District Revenue, 3.The Revenue Divisional Officer, O/o.Revenue Divisional Office, 4.The Tahsildar, O/o.Tahsildar Office, Ramanathapuram Taluk, 5.The Executive Engineer, Vaigai Illangal, (Nearby Krishna Theater), Paramakudi, 6.The Superintending Engineer, District Collector Campus, Sivagangai, Sivagangai District.

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7.The Assistant Engineer, Lethams Bungalow Road, Government Hospital Road, 5/6

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

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