Petitioners encroaching on public land sought time till harvest to remove crops. Court found time limit unrealistic. Discharged petitioners with direction to vacate by specified date and closed connected miscellaneous petitions.
Direction to file undertaking to handover vacant peaceful possession by specified date.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2016
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE M.SUNDAR
W.P.Nos.43721 to 43725 of 2016 and
W.M.P.Nos.37523 to 37527 of 2016 K.Veerappan ...Petitioner in W.P.No.43721/2016 S.Sankar ...Petitioner in W.P.No.43722/2016 G.Vadivel ...Petitioner in W.P.No.43723/2016 G.Vadivel ...Petitioner in W.P.No.43724/2016 S.Saravanan ...Petitioner in W.P.No.43725/2016
-vs-
The Assistant Engineer, Public Works Department, Irrigations, Veedur Dam, Tindivanam Taluk, Villupuram District. ...Respondents in all the WPs
Writ Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus calling for the records of the respondent's impugned notice dated 21.11.2016 issued in Form No.III under Rule 6(1) of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and to quash the said notice and to direct the respondent to consider and pass an order to the petitioner's representation dated 03.12.2016.
For Petitioners : Mr.R.Thirugnanam For Respondent : Mr.M.K.Subramanian Government Pleader
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
The limited relief prayed for by the petitioners, who have encroached on the public land is that they have sowed the crops and they may be granted time till the harvest. The time period sought does not appear to be realistic and corelatable to the harvest. Thus, the petitioners may approach the concerned authorities and file an undertaking to handover the vacant peaceful possession of the portion in their occupation by a specified date to include the current harvest.
W.P.Nos.43721 to 43725 of 2016 UG (CO) PSI (29/12/2016)
K. Veerappan and others
Assistant Engineer, PWD, Irrigations, Veedur Dam
Sanjay Kishan Kaul
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
