Disposed

K.Balaji v. Revenue Divisional Officer

Madras HC27 Oct 2021WP/22629/2021

Case brief

AI extract

What is this about?

The High Court of Madras disposed of a writ petition concerning encroachment on government land. The Court directed the Tahsildar to conduct a detailed inquiry via a new representation, afford a hearing to private respondents, and submit a final report within twelve weeks for expeditious removal of encroachment.

What did the court decide?

Directed the Tahsildar to conduct an inquiry after receiving a fresh representation, give notice and hearing to private respondents, and submit a final report within twelve weeks for removal of encroa

K.Balaji Vs Revenue Divisional Officer — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.10.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

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WP No.22629 of 2021

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K.Balaji .. Petitioner

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Vs.

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1.Revenue Divisional Officer, Thirukazhukundram Taluk, Kancheepuram District.

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2.The Tashildar,

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Thirukazhukundram.

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3.The District Collector, Office of District Collectorate, Kancheepuram District.

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4.V.Kanniyappan

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5.T.Murugesan

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6.T.Sundaram

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7.M.Ramalingam 8.M.Annadurai

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.. Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st to 3rd respondents to consider petitioner's representation dated 04/03/2020 and 21/01/2021 and pass appropriate orders and direct the 1st to 3rd respondents to remove the encroachment in the government kalam promboke land situated in Survey No.10/1, Keerapakkam Village, Thirukazhukundram, Chengalpattu District.

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For the Petitioner : Mr.A.Kumar For the Respondents : Mr.P.Muthukumar, State Government Pleader for respondents 1 to 3

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

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ORDER

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(Order of the Court was made by The Hon'ble Chief Justice)

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The petitioner complains of encroachment on Government kalam poromboke land situated at S.No.10/1, Keerapakkam Village, Thirukazhukundram in Chengalpattu. The petitioner complains that despite appealing to the official respondents, no action has been taken.

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Mr.Muthukumar, learned Government Pleader, takes notice on behalf of respondents 1 to 3 and submits that a preliminary inspection by the Tahsildar reveals possible encroachment.

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The petitioner is permitted to carry a fresh, detailed representation, pertaining to the matters complained of herein, to the second respondent Tahsildar of Thirukazhukundram within four weeks from date. Immediately upon receipt of the representation, the Tahsildar will conduct an inquiry upon notice to the private respondents, the petitioner and any other person likely to be affected thereby. The Tahsildar will afford an opportunity of hearing to all persons likely to be affected by his order and communicate the report to the petitioner, the private respondents and others likely to be affected thereby.

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If any encroachment is found, the Tahsildar will immediately report the matter to the appropriate authorities for expeditious steps to be taken to remove the encroachment. The Tahsildar’s final report should be prepared within 12 weeks of the receipt of the petitioner's representation in terms of this order.

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Since the private respondents have been directed to be served notice before the inquiry is conducted by the Tahsildar, no service of the present petition has been required on the private respondents. However, the petitioner will remain obliged to immediately forward a copies of the petition and order to the private respondents.

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WP No.22629 of 2021is disposed of. There will be no order as to costs.

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Sd/-

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Assistant Registrar(CS III)

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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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tar

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To:

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1.The Revenue Divisional Officer, Thirukazhukundram Taluk, Kancheepuram District.

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2.The Tashildar, Thirukazhukundram.

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3.The District Collector, Office of District Collectorate, Kancheepuram District.

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+1cc to the Government Pleader Sr No.55435

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+1cc to Mr.A.Kumar, Advocate Sr No.56143 (16/11/2021)

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WP No.22629 of 2021

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SJ (CO) PR (12/11/2021)

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

K.Balaji v. Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

K.Balaji v. Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

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