Partly allowed

Ramasamy.K v. the Revenue Divisional Officer(Rdo)

Madras HC26 Apr 2021WP(MD)/3700/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court, in this Writ Petition, directed the second respondent (Tahsildar) to proceed with the removal of encroachment pursuant to a memo dated 30.04.2020 within twelve weeks from the receipt of the order, after noting prior directions to the first respondent.

What did the court decide?

Direct the second respondent to complete the exercise of removing encroachment within twelve weeks from the date of receipt of the order.

Ramasamy.K Vs the Revenue Divisional Officer(Rdo) — Landlord and Tenant | Madras HC (2021)

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W.P.(MD) No.3700 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 26.04.2021

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CORAM :

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THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI

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W.P.(MD) No.3700 of 2021

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K.Ramasamy

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.. Petitioner

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1.The Revenue Divisional Officer, (RDO) O/o. The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

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2.The Tahsildar cum

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The Head of removal of encroachment Wing, Virudhunagar District.

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3.K.Muthulakshmi ... Respondents

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PRAYER: Petition under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, to direct the 1^st and 2^nd Respondents to take action on the memo in X.K.m/5/578/2020 dated .04.2020 on the file of the 2^nd Respondent issued by the 1^st Respondent within a time frame fixed by this Hon'ble Court.

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For Petitioner : Mr.R.Sundar

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For Respondent Nos.1 & 2 : Mr.N.Shanmugaselvam 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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This Writ Petition has been filed, seeking for issuance of a Writ of Mandamus, to direct respondent Nos.1 & 2 to take action on the memo in X.K.m/5/578/2020, dated 30.04.2020, issued by the 1^st Respondent within a time frame.

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2.By consent of both sides, this Writ Petition itself is taken up for final disposal.

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3.Heard Mr.R.Sundar, learned counsel appearing for the https://hcservices.ecourts.gov.in/hcservices/ petitioner and Mr.N.Shanmugaselvam, learned Additional Government

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1/2

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W.P.(MD) No.3700 of 2021

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Pleader appearing for respondent Nos.1 & 2. In the light of the order, we propose to pass in this Writ Petition, notice to the third respondent is dispensed with.

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4.It is seen that already the first respondent Revenue Divisional Officer has directed Tahsildar, who is the head of the removal of encroachment Wing to take action on the petitioner's representation, dated 24.01.2020. It is not known what has happened thereafter. In any event, if there is encroachment, it has to be removed after following the procedures and after issuing notice to the encroacher.

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5.In view of the above, we direct the second respondent to proceed further pursuant to the X.K.m/5/578/2020, dated 30.04.2020. The said exercise shall be completed within twelve weeks from the date of receipt of a copy of this order.

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6.The Writ Petition is disposed of with the above direction. No costs.

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS) 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 . sj

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To:

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1.The Revenue Divisional Officer, (RDO) O/o. The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

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2.The Tahsildar cum

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The Head of removal of encroachment Wing, Virudhunagar District.

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W.P.(MD) No.3700 of 2021 26.04.2021

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GS (20.05.2021) 2P 3C

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

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Ramasamy.K v. the Revenue Divisional Officer(Rdo)

Case brief

What is this about?

What did the court decide?

Ramasamy.K v. the Revenue Divisional Officer(Rdo)

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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