Disposed

Belgina Mary Stella.L v. The District Collector

Madras HC24 Feb 2021WP(MD)/1321/2021

Case brief

AI extract

What is this about?

A writ petition filed under Article 226 praying for removal of encroachment on government land by the fourth respondent. The court directed the petitioner to submit a representation to the Tahsildar, upon which the Tahsildar is to pass orders on merits.

What did the court decide?

Petitioner directed to submit representation to Tahsildar within two weeks for appropriate orders on merits after hearing.

Belgina Mary Stella.L Vs The District Collector — Land Acquisition | Madras HC (2021)

¶1

W.P.(MD) No.1321 of 2021

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 24.02.2021

¶4

CORAM :

¶5

The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE

¶6

AND

¶7

The Hon'ble Mrs.JUSTICE R.HEMALATHA

¶8

W.P.(MD) No.1321 of 2021 and W.M.P(MD)No.1097 of 2021

¶9

L.Belgina Mary Stella

¶10

.. Petitioner

¶11

¶12

The District Collector, Tenkasi District.

¶13

The Sub Registrar, Idaikal Sub Registrar Office, Kadayanallur Taluk, Tenkasi District.

¶14

The Tahsildar, Kadayanallur Taluk Office, Kadayanallur Taluk, Tenkasi District.

¶15

A.Ignecious Karvin. .. Respondents

¶16

PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made in Survey No.259/1, Ayikudi Village, Kadayanallur Taluk, Tenkasi District by the 4^th respondent within the time stipulated by this Court.

¶17

For Petitioner : Mr.S.Kumar For Respondents : Mr.K.Mu.Muthu, Additional Government Pleader for R1 to R3 Mr.D.Venkatesh for R4

¶18

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

¶19

1/3

¶20

W.P.(MD) No.1321 of 2021

¶21

ORDER

¶22

[Order of the Court was made by R.Hemalatha., J ]

¶23

The petitioner has filed this petition seeking a direction to respondent Nos. 1 to 3 to remove the encroachments made in Survey No.259/1, Ayikudi Village, Kadayanallur Taluk, Tenkasi District by the 4^th respondent.

¶24

Heard Mr.S.Kumar, learned counsel for the petitioner, Mr.K.Mu.Muthu, learned Additional Government Pleader, who takes notice for respondent Nos.1 to 3 and Mr.D.Venkatesh, learned counsel who takes notice for the 4^th respondent.

¶25

The matter in issue pertains to an illegal encroachment made in the Government land and a water channel by the fourth respondent. The grievance of the petitioner is that the respondents 1 to 3 did not take any action in this regard.

¶26

In the circumstances, the petitioner is directed to submit a representation to the 3^rd respondent Tahsildar within a period of two weeks from the date of receipt of a copy of this order and on receipt of the said representation, 3^rd respondent shall pass appropriate orders on merits after affording opportunity to all the persons concerned including the fourth respondent who may be affected by his decision.

¶27

With the above direction, W.P.(MD).No.1321 of 2021 is disposed of. Consequently, connected W.M.P(MD)No.1097 of 2021 is closed. There shall be no order as to costs.

¶28

/ /2021 Sub Assistant Registrar(CS)

¶29

sj/dsk

¶30

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned .

¶31

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

¶32

2/3

¶33

W.P.(MD) No.1321 of 2021

¶34

To:

¶35

The District Collector, Tenkasi District. 2. The Sub Registrar, Idaikal Sub Registrar Office, Kadayanallur Taluk, Tenkasi District. 3. The Tahsildar, Kadayanallur Taluk Office, Kadayanallur Taluk, Tenkasi District. +1 CC to MR.D.VENKATESH, Advocate ( SR-7084[F] dated 25/02/2021 ) +1 CC to SPL GP ( SR-7241[F] dated 25/02/2021 ) W.P.(MD) No.1321 of 2021 24.02.2021 KM (08.03.2021) 3P 6C

¶36

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

¶37

3/3

Belgina Mary Stella.L v. The District Collector

Case brief

What is this about?

What did the court decide?

Belgina Mary Stella.L 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

Case details

Similar cases

Ramanathan Vs The Inspector of Police

Pandidurai Vs The Inspector of Police

Karuppasamy Vs The Inspector of Police

Chidambaram Vs the District Collector

L.Murugavel Vs the State Election Commissioner

M.Ramachandran Vs the Managing Director