Disposed

M/Selvam v. The District Collector

Madras HC14 Sept 2021WP/27423/2018

Case brief

AI extract

What is this about?

The High Court of Madras disposed of two writ petitions concerning alleged encroachment on government land. The Court directed the Tahsildar to conduct an inquiry and ordered removal of any found encroachment within 12 weeks after notice.

What did the court decide?

Order for Tahsildar to conduct immediate inquiry; direction to remove any discovered encroachment within 12 weeks after notice.

M/Selvam Vs The District Collector — Writ and Judicial Review | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.09.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

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W.P.NOS.27423 AND 24878 OF 2018

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W.P.No.27423 of 2018:
M.Selvam
...Petitioner
Vs
1. The District Collector,
 Vellore District,
 Vellore.
2. The Block Development Officer (Scheme),
 Katpadi Taluk,
 K.V.Kuppam Block,
 Katpadi Road,
 K.V. Kuppam, Vellore District.
3. The Tahsildar,
 Gudiyatham Taluk,
 Gudiyatham,
 Vellore District.
4. Baskar
...Respondents
W.P.No.24878 of 2018:
1. C.Subramani
2. D.Baskaran
...Petitioners
Vs

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

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1. The District Collector,
 Vellore.

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2. The Tahsildar,
 Gudiyattam Taluk,
 Vellore District.
3. The Block Development Officer,
 Nagal Village Panchayat,
 Gudiyattam Taluk,
 Vellore District.
...Respondents

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Prayer: W.P.No.27423 of 2018 filed under Article 226 of the
Constitution of India seeking issuance of a writ of mandamus
directing the respondents to remove the encroachment in
government land comprised in S.No.126, Nagal Village, K.V.
Kuppam Block, Gudiyatham Taluk, Vellore District and to consider
to construct Group Houses and allot the same to the shelter less
penury schedule tribe families (Irular community) under the PMY
scheme as per the resolution dated 01.08.2018 passed by the
second respondent.

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W.P.No.24878 of 2018 filed under Article 226 of the Constitution
of India seeking issuance of a writ of mandamus forbearing the
respondents, their men, servants, agents, staff from interfering
with the petitioners' right in the land situate in S.No.126 of
No.31, Nagal Village, Gudiyattam Taluk, Vellore District of an
extent of 4.61 acres and digging huge pits for storing wastage
heaps and garbage.

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For the Petitioner in:Mr.S.N.Kirubanandam
W.P.No.27423 of 2018

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For the Petitioners in:Mr.D.Rajagopal
W.P.No.24878 of 2018

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For Respondents 1 to 3:Mr.P.Muthukumar
in W.P.No.27423 of State Government Pleader
2018 and Respondents 1
and 2 in W.P.No.
24878 of 2018

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For 3rd Respondent in :Mr.R.Govindasamy
W.P.No.24878 of 2018

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

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COMMON ORDER

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

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The grievance in W.P.No.27423 of 2018, apparently filed
in public interest, is that government land in Survey No.126,
No.31 Nagal Village, K.V.Kuppam Block, Gudiyatham Taluk of
Vellore District has been encroached upon and the land is
necessary for the purpose of a housing scheme which cannot take
off since the relevant authorities have not taken any steps to
remove the encroachments.

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2. W.P.No.24878 of 2018 seeks a direction on the
respondent authorities, including the concerned Block
Development Officer of Gudiyatham Taluk, to forbear from
interfering with the petitioners' possession in a part of the
land bearing Survey No.126.

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3. Mr.Muthukumar, learned Government Pleader, appears on
behalf of the District Collector, the Tahsildar and the Block
Development Officer in the earlier petition; and Mr.Govindasamy,
learned counsel, appears on behalf of the Block Development
Officer in the later petition.

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4. Without going into the veracity of the allegation of
encroachment, it is imperative that the Tahsildar, Gudiyatham
Taluk should immediately conduct an inquiry upon notice to the
petitioners in both cases, to ascertain whether any part of the
government land at Survey No.126 of No.31, Nagal Village has
been encroached upon. If any encroachment is discovered, the
Tahsildar and, thereafter, the concerned Block Development
Officer will take immediate appropriate steps in accordance with
law to rid the land of encroachment. Appropriate action in such
regard should be taken such that all encroachment in the land
bearing Survey No.126 is removed within 12 weeks from date.
There is no doubt that every perceived encroacher will be given
notice and an opportunity to present his case before any action
against such encroacher is taken.

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W.P.Nos.27423 and 24878 of 2018 are disposed of.
W.M.P.Nos.26010 of 2019, 28919, 28920 and 28921 of 2018 are
closed.

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There will be no order as to costs.

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Sd/-

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Assistant Registrar(CS-VII)

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// True Copy //

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Sub Assistant Registrar

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sasi

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

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To:

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`1.`	`The District Collector,` `Vellore District,` `Vellore.`
`2.`	`The Block Development Officer (Scheme),` `Katpadi Taluk,` `K.V.Kuppam Block,` `Katpadi Road,` `K.V. Kuppam, Vellore District.`
`3.`	`The Tahsildar,` `Gudiyatham Taluk,` `Gudiyatham,` `Vellore District.`
`4.`	`The Block Development Officer,` `Nagal Village Panchayat,` `Gudiyattam Taluk,` `Vellore District.`
`+1cc`	`to Mr.S.N.Kirubanandam, Advocate, S.R.No.46425`
`+1cc`	`to Mr.D.Rajagopal, Advocate, S.R.No.46414`
`+1cc`	`to the Government Pleader, S.R.No.46840`

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W.P.Nos.27423 and 24878 of 2018

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PA(CO)
RLP(22/09/2021)

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

M/Selvam v. The District Collector

Case brief

What is this about?

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M/Selvam v. The District Collector

Case brief

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