Disposed

Malaichamy.v v. the District Collector

Madras HC27 Sept 2021WP(MD)/14477/2021

Case brief

AI extract

What is this about?

The Madurai Bench directed the third respondent Tahsildar to conduct an inquiry into alleged encroachment of government land by private respondents. The tahsildar must issue notice to both parties and submit a reasoned order within three months of receiving the fresh complaint. The main petition was accordingly disposed of.

What did the court decide?

Tahsildar directed to conduct inquiry and submit reasoned order within three months; fresh complaint required.

Malaichamy.v Vs the District Collector — Land Acquisition | Madras HC (2021)

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W.P.(MD)No14477 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 27.09.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY

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W.P.(MD) No. 14477 of 2021 and W.M.P.(MD).No.11417 of 2021

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V. Malaichamy .. Petitioner

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Vs 1. The District Collector, Collectorate, Madurai District.

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The District Revenue Officer, Madurai, Madurai District.

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The Tahsildar, Melur Taluk Office, Madurai District. 4. The Block Development Officer, Block Development Office, Melur, Madurai District.

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The Sub Register, Narasingampatti, Madurai District. 6. Subash 7. Thilagavathy .. Respondents

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PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the respondents 6 and 7 in Survey No.681/1, 22, 23, 16 and S.No. 681/24 in Narasingapatti, Melur Taluk, Madurai District and take necessary steps to restore the Government Poramboke lands and water bodies by considering the petitioner's representation dated 22.07.2021, within the time stipulated by this Court.

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

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W.P.(MD)No14477 of 2021

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For Petitioner : Mr. G. Kaleeswaran For RR : Mr. P. Thilak Kumar government pleader For R1 and R2 Mr. S. Ramasamy For R7 R6- No appearance

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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 grievance of the petitioner is that there is encroachment in land at several survey numbers in Narasingapatti, Melur Taluk of Madurai District.

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The private respondents are represented and claim to have purchased the property for due consideration and say that they are in possession of the documents of title.

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Since the petitioner complains of encroachment and the same is denied by the private respondents, the third respondent Tahsildar should cause an inquiry to be made in the matter upon receipt of a fresh complaint that may be filed by the petitioner with the Tahsildar within a fortnight from date. The inquiry to be conducted by the Tahsildar should be upon notice to both the petitioner herein and the private respondents. In the event the third respondent Tahsildar discovers that there is any encroachment, the Tahsildar will take appropriate steps in the matter or refer the matter to any superior authority for expeditious action to be taken in accordance with law.

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At any rate, the Tahsildar will communicate a reasoned order following the inquiry to be made by him, to both the petitioner and the private respondents, within a period of three months of the receipt of the petitioner’s representation in terms of this order.

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WP(MD) No.14477 of 2021 is disposed of without any order as to costs. W.M.P.(MD).No.11417 of 2021 is closed.

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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mnr

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

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W.P.(MD)No14477 of 2021

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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 .

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The District Collector, Collectorate, Madurai District.

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The District Revenue Officer, Madurai, Madurai District.

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The Tahsildar, Melur Taluk Office, Madurai District.

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The Block Development Officer, Block Development Office, Melur, Madurai District.

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The Sub Register, Narasingampatti, Madurai District.

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+1 CC to M/s.KALEESWARAN.G, Advocate ( SR-30430[F] dated 28/09/2021 )

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+1 CC to M/s.SPL.GP ( SR-30493[F] dated 28/09/2021 )

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W.P.(MD) No. 14477 of 2021 and W.M.P.(MD).No.11417 of 2021 27.09.2021

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NSN(CO) KB(12.10.2021) 3P 8C

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

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Malaichamy.v v. the District Collector

Case brief

What is this about?

What did the court decide?

Malaichamy.v v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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