Disposed

K.Subbaiah v. the District Collector

Madras HC4 Nov 2019WP(MD)/18986/2019

Case brief

AI extract

What is this about?

This short-order disposal of a writ petition under Article 226 directed state officials to completely remove encroachments on village land within two weeks, with contempt proceedings initiated if compliance is not met. The petition by the village panchayat alleged incomplete removal under an interim order.

What did the court decide?

Direction to remove all encroachments completely within two weeks; dismissal of writ petition via compliance with term.

K.Subbaiah Vs the District Collector — Landlord and Tenant | Madras HC (2019)

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W.P.[MD]No.18986 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2019 CORAM:

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THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI

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W.P.[MD]No.18986 of 2019

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K.Subbaiah : Petitioner Vs. 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Tahsildar, Radhapuram Taluk, Tirunelveli District. 3.The Assistant Director (Panchayats), Tirunelveli District. 4.The Block Development Officer, Office of the Block Development Officer, (Panchayats), Valliyur, Tirunelveli District. 5.The Executive Officer, Adangarkulam Panchayat, Valliyur, Tirunelveli District.

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6.Peter Anand : Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 5 to take necessary steps for removal of encroachment made by the sixth respondent in Survey No.214/3 of Ooralvaimozhi East Village of Adngarkulam Panchayat of Valliyur Union Panchayat of Tirunelveli District and to take effective steps to conduct and complete the proceedings of O.S.No.16 of 2019 on the file of District Munsif Court, Valliyur, by considering the petitioner's representation dated 15.07.2019, within the period as may be stipulated by this Court.

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

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W.P.[MD]No.18986 of 2019

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For Petitioner : Mr.A.Haja Mohideen For Respondents 1 to 3 : Mr.A.K.Baskara Pandian Special Government Pleader For Respondents 4 & 5 : Mr.M.Jeyakumar

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Additional Government Pleader

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O R D E R

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[ Order of the Court was made by T.S.SIVAGNANAM, J.]

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Heard Mr.A.Haja Mohideen, learned Counsel appearing on behalf of the petitioner, Mr.A.K.Baskara Pandian, learned Special Government Pleader accepting notice on behalf of respondents 1 to 3 and Mr.M.Jeyakumar, learned Additional Government Pleader accepting notice on behalf of respondents 4 & 5.

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2.This Writ Petition has been filed for a direction upon the respondents 1 to 5 to take necessary steps for removal of encroachment made by the sixth respondent in Survey No.214/3 of Ooralvaimozhi East Village of Adngarkulam Panchayat of Valliyur Union Panchayat of Tirunelveli District and to take effective steps to conduct and complete the proceedings of O.S.No.16 of 2019 on the file of District Munsif Court, Valliyur, by considering the petitioner's representation dated 15.07.2019.

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3.In terms of the interim order issued on 30.08.2019, the learned Special Government Pleader submitted that the encroachments have been removed. Learned Counsel for the petitioner, submitted that only a portion of the encroachment has been removed.

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4.We direct the respondents to remove all the encroachments completely without retaining any portion of it and if it is found that the respondents have not removed the encroachments fully, then we will be initiating action for contempt. This direction be complied with by the respondents within a period of two [2] weeks from the date of receipt of a copy of this order.

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5.With the above direction, the Writ Petition stands disposed of. However, there shall be no order as to costs.

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Sub Assistant Registrar(CS )

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

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W.P.[MD]No.18986 of 2019

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1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Tahsildar, Radhapuram Taluk, Tirunelveli District. 3.The Assistant Director (Panchayats), Tirunelveli District. 4.The Block Development Officer, Office of the Block Development Officer, (Panchayats), Valliyur, Tirunelveli District. 5.The Executive Officer, Adangarkulam Panchayat, Valliyur, Tirunelveli District. +1 CC to SPL GP ( SR-96091[F] dated 05/11/2019 ) +1 CC to Mr.A.HAJAMOHIDEEN, Advocate ( SR-96473[F] dated 06/11/2019 )

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Order made in W.P.[MD]No.18986 of 2019 Dated : 04.11.2019

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MK (26.11.2019) 3P 8C

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

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K.Subbaiah v. the District Collector

Case brief

What is this about?

What did the court decide?

K.Subbaiah 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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