Esakki Rajan T v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN T.Esakki Rajan ... Petitioner -vs1.The District Collector Collectorate Thoothukudi District 2.The Tahsildar Srivaikundam Taluk Office Srivaikundam Taluk Thoothukudi District 3.The Block Development Officer Karungulam Block situated at Seithunganallur Thoothukudi District 4.Sundar @ Sundaram ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to remove the encroachment of fencing made by the fourth respondent in the Government

Poramboke land in Survey Nos.438/20 and 439/1 at Sappani Madasamy Koil, Azhvarkarkulam Village, Srivaikundam Taluk, Thoothukudi District, in the light of the proceeding in Na.Ka.No.A3/4726/2023, dated 07.06.2023, on the file of the second respondent and in the light of the proceedings in Thi3/308/2023, dated 05.09.2023, on the file of the third respondent within the time stipulated by this Court.

For Petitioner :

Mr.I.Pinaygash For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R3

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.I.Pinaygash, learned counsel for the petitioner and Mr.P.Thilakkumar, learned Government Pleader, for the respondents 1 to 3.

2. The present public interest litigation is filed on the ground that illegal fencing and encroachment have been made on the Government land.

3. The G.O.(Ms) No.540, Revenue [LD6(2) Department, dated 04.12.2014, is already issued to take of such complaints. The procedure to process such complaints has also been stated in the said Government Order. It is submitted that the petitioner has already filed a representation before the authorities. The same can be treated as a complaint as contemplated under G.O.(Ms) No.540, dated 04.12.2014 and appropriate steps be taken in accordance with law.

4. The writ petition, accordingly, stands disposed of. No costs. [S.V.G., .C.J.] [K.K.R.K., J.] 29.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Collectorate, Thoothukudi District.

2.The Tahsildar, Srivaikundam Taluk Office, Srivaikundam Taluk, Thoothukudi District.

3.The Block Development Officer, Karungulam Block, situated at Seithunganallur, Thoothukudi District.

THE HONOURABLE CHIEF JUSTICE and K.K.RAMAKRISHNAN , J.

krk 29.11.2023