Allowed

K.Settu v. The District Collector

Madras HC5 Aug 2016WP/27290/2016

Case brief

AI extract

What is this about?

This Writ Petition under Article 226 sought directions to remove encroachers from Pattai Poramboke Land. The Court directed Respondents 2 to 4 to conduct an enquiry, issue notices, survey the land, and pass appropriate orders for removal of encroachment within three months.

What did the court decide?

Respondents 2 to 4 were directed to enquire into the matter, issue notices to Respondents 5 to 8, conduct a survey, and pass appropriate orders for removal of encroachment within 3 months.

K.Settu Vs The District Collector — Land Acquisition | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.08.2016

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CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH
and
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
Writ Petition No.27290 of 2016
----
K.Settu ...Petitioner
Vs.
1 The District Collector
Thiruvannamalai District.
2 The Revenue Divisional Officer
Thiruvannamalai District.
3 The Tahsildar
Chengam
Thiruvannamalai District.
4 The Chief Engineer
Highways Department
Thiruvannamalai District.
5 Manickam
6 Periappa
7 Yashodai.
8 Jayakodi ...Respondents.
Writ Petition filed under Article 226 of the Constitution
of India praying to issue a Writ of Mandamus directing the
second respondent to initiate action and remove the encroachers
from the Pattai Poramboke Land comprised in Survey No.17 situate
at Andipatti Village, Chengam Taluk, Thiruvannamalai District
on the basis of the petitioner's representation dated 18.12.2015.

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For Petitioner : Mr.R.Karunagaran
For Respondents 1 to 4 : Mr.E.Balamurugan,
Addl.Govt.Pleader

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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(Order of the Court was made by HULUVADI G. RAMESH,J.)

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Heard Mr.R.Karunagaran, learned counsel for the petitioner and Mr.E.Balamurugan, learned Additional Government Pleader, accepting notice for respondents 1 to 4.

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This writ petition is filed seeking for a direction to respondents 1 to 4 to initiate action and remove the encroachers from the Pattai Poramboke Land comprised in Survey No.17, Andipatti Village, Chengam Taluk, Thiruvannamalai District.

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According to the petitioner, the above said Pattai Poramboke Land is a pathway and is used by the agriculturists to reach their lands for their ingress and egress for ploughing the land and the cattles have been passing through the above said pathway for grazing, but the 5^th respondent by producing some fabricated documents obtained patta and further the respondents 5 to 8 have been objecting the agriculturists' ingress and egress. The petitioner is also said to have given representations on 27.04.2015 and 08.10.2015 to the official respondents, but till date no action has been taken.

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It is seen from the typed set of papers filed along with the writ petition that the 2^nd respondent directed the 3^rd respondent to initiate action against respondents 5 to 8 by proceedings dated 26.05.2015 and 18.12.2015.

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In the above circumstances, we hereby direct respondents 2 to 4 to enquire into the matter after issuing notice to respondents 5 to 8 in this regard and after due survey and enquiry, pass appropriate orders and if there is encroachment, action shall be taken in accordance with law for removal of the said encroachment. The above exercise shall be completed by the respondents 2 to 4 within 3 months from the date of receipt of a copy of this order.

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The Writ Petition is disposed of with the above direction. No costs.

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-s/dAssistant Registrar

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True Copy

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Sub-Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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To
1 The District Collector
Thiruvannamalai District.
2 The Revenue Divisional Officer
Thiruvannamalai District.
3 The Tahsildar
Chengam
Thiruvannamalai District.
4 The Chief Engineer
Highways Department
Thiruvannamalai District.
+1 cc to M/s.R.Karunagaran Advocate sr 45000
+1 cc to Government Pleader ser 44649
W.P.No.27290 of 2016
aa01/09/2016

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https://hcservices.ecourts.gov.in/hcservices/

K.Settu v. The District Collector

Case brief

What is this about?

What did the court decide?

K.Settu v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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