Madras High CourtWP(MD)/7946/2011allowed

N.Srinivasan v. The District Collector

2017-01-05Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.7946 of 2011 and M.P(MD)No.1 of 2011 N.Srinivasan .. Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Tahsildhar, Pabanasam Taluk, Pabanasam, Thanjavur District.

3.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

4.Natarajan .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 herein to remove the encroachments made by the fourth respondent in Survey No.336/14 situate in Government Poromboke land at Umbalappadi Village, Pabanasam Taluk, Thanjavur District. For Petitioner : Mr.M.Ramadhas For Respondents 1 to 3 : Mr.R.Velmurugan, Government Advocate.

For Respondent No.4 : No appearance

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 3 to remove encroachments alleged to have been made in Survey No.336/14 in Umbalappadi Village, Pabanasam Taluk, Thanjavur District, by way of issuing a writ of mandamus. 2.It is averred in the petition that in Umbalappadi Village, Survey No.336/14 has been classified as Government Poromboke Land in which the fourth respondent has made certain encroachments and various representations have been given, but the authorities have not taken any proper steps and therefore the present writ petition has been filed for getting the relief sought therein.

3.On the side of the respondents 1 to 3 a detailed counter has been filed, wherein it has been clearly stated to the effect that Survey No.336/14 has been classified as https://hcservices.ecourts.gov.in/hcservices/

Government Natham Poromboke.

4.Considering the fact that Survey No.336/14 has been classified as Government Natham Poromboke and also considering the allegations to the effect that the fourth respondent has made certain encroachments, this Court is inclined to pass the following order.

5.In fine, this writ petition is allowed without costs and the second respondent viz., Tahsildar, Pabanasam Taluk, Thanjavur District is strictly directed to take appropriate proceedings under due process of law to remove encroachments if any in Survey No.336/14, Umbalappadi Village, Pabanasam Taluk within a period of two months. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar.

To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Tahsildhar, Pabanasam Taluk, Pabanasam, Thanjavur District.

3.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

+1 cc to the Special Government Pleader, Madurai Bench of Maduras HighCourt, Madurai.(SR.873) smn KK/KM/SAR3/10.01.2017/2p/5c W.P(MD)No.7946 of 2011 and M.P(MD)No.1 of 2011 05.01.2017 https://hcservices.ecourts.gov.in/hcservices/