This writ petition sought a direction to remove an encroachment on government land. The specific remedy was a survey of the land and initiation of action to remove the encroachment by the respondent within eight weeks.
Direct the second and third respondents to survey the land and remove the encroachment within eight weeks.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.11.2018 CORAM: THE HONOURABLE MR.JUSTICE R.SUBBIAH AND
THE HONOURABLE MRS. JUSTICE R.THARANI
W.P.(MD)No.23210 of 2017
S.Balamurugan
: Petitioner Vs.
PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents Nos.1 to 3 to remove the encroachment made by the respondent No.4 in Survey No.403/12 at Papanam Village, Sadaiyanenthal Post, Kamuthi Taluk, Ramanathapuram District, within the time stipulated by this Court.
For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.M.Jeyakumar for R1 to R3 Additional Government Pleader Mr.R.Murugappan for R4
********* ORDER ******
[Order of the Court was made by R.SUBBIAH, J]
This Writ Petition has been filed to direct the respondents 1 to 3 to remove the encroachment made by the respondent No.4 in Survey No.403/12 at Papanam Village, Sadaiyanenthal Post, Kamuthi Taluk, Ramanathapuram District.
2.It is the case of the petitioner that the petitioner has constructed a thatched house in S.No.403/2016 in patta No.402 and https://hcservices.ecourts.gov.in/hcservices/ Government poramboke land is situated adjacent to the petitioner's property in S.No.403/12 and the persons in the said locality are
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using the said poramboke land as public pathway. While so, the fourth respondent encroached the Government poramboke land putting a thatched house and made hindrance to the public, who are using the said land as pathway. Therefore, the petitioner sent a representation to the first respondent on 06.02.2017. Pursuant to the same, the second respondent has sent a communication to the third respondent directing him to make necessary enquiries about the encroachment and file a report with regard to the encroachment. However, since no action has been taken, the petitioner again sent a representation on 21.11.2017. Since the said representation has not been considered so far, the petitioner is before this Court with this writ petition.
3.In view of the above, the respondents 2 and 3 are hereby direted to conduct survey of the land with field map and other relevant documents, if any and if the above said land is encroached, the respondents 2 and 3 shall initiate necessary action to remove the said encroachment in accordance with law. The entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
4.With the above direction, this writ petition is disposed of. No costs.
Sd/
Assistant Registrar(AD-I)
/True copy/
Sub Assistant Registrar(CS-III)
To
Ramanathapuram District.
+1cc to M/s.Special Government Pleader,SR.No. 95413
W.P.(MD)No.23210 of 2017 Dated: 14.11.2018
RR
KK/PM/SAR-3/19.12.2018/2P-5C
1 issue framed by the court
Whether the respondents were directed to survey the government land and remove the encroachment within eight weeks.
1 provisions across 1 enactments
S.Balamurugan
District Collector, Ramanathapuram District
Revenue Divisional Officer, Paramakudi
Tahsildar, Kamuthi Taluk
R.Chellam
R.SUBBIAH
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
