P.Esakki v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28/10/2024

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ P.Esakki ... Petitioner Vs

1. The District Collector Tirunelveli District Tirunelveli 2.The Tahsildar Nanguneri Taluk Nanguneri Tirunelveli District 3.The Revenue Inspector Moolakaraipatti Firka Mookaraipatti Nanguneri Taluk Tirunelveli District 4.The Village Administrative Officer, Kadankulam Thirumalapuram Village Kadankulam Thirumalapuram Nanguneri Taluk Tirunelveli District ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of 1/5

India, praying this Court to issue a Writ of Mandamus to direct the 1st respondent to dispose of the appeal filed by the petitioner on 22.10.2024 under Section 10 of the Tamil Nadu Land Encroachment act, 1905 against the order dated 18.10.2024 passed by the 2nd respondent under Section 6 of the Tamilnadu Land Encroachment Act, 1905 within a stipulated time after affording an opportunity of fair hearing to the petitioner.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.P.T.Thiraviyam Government Advocate

ORDER

(Order of the Court was made by the Hon'ble the Chief Justice) Petition is to direct respondent No.1 to dispose the appeal of the petitioner filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905.

2. According to petitioner, he is the owner of a land bearing S.No.632/27. Petitioner is aggrieved by a notice issued by respondents for removal of encroachment in land bearing S.No.632/26.

2. Petitioner counsel admits that S.No.632/26 is the pathway and is not owned by petitioner. After some arguments, counsel admits that 2/5

there is some encroachment by way of a shed into the land bearing S.No.632/26. Counsel says that same shall be removed by petitioner himself to the satisfaction of respondents.

3. We direct the encroachment shall be removed not later than 5 p.m., on 29.10.2024.

4. Both counsels agreed that this will be accomplished, even, if for any reason, the order passed by this Court is not uploaded in the Web Site.

5. Petition is dismissed. There shall be no order as to costs. Consequently, connected interim application also stands dismissed. (K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.) 28.10.2024 NCC : Yes/No Index : Yes/No 3/5

RR TO

1. The District Collector Tirunelveli District Tirunelveli 2.The Tahsildar Nanguneri Taluk Nanguneri Tirunelveli District 3.The Revenue Inspector Moolakaraipatti Firka Mookaraipatti Nanguneri Taluk Tirunelveli District 4.The Village Administrative Officer, Kadankulam Thirumalapuram Village Kadankulam Thirumalapuram Nanguneri Taluk Tirunelveli District 4/5

THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ, J.

RR

ORDER

IN WP(MD) No.25966 of 2024 Date : 28/10/2024 5/5