Writ petition filed under Article 226 seeking Mandamus to remove encroachments on Government Natham land. Court disposed of the petition directing authorities to remove encroachments within eight weeks after affording necessary opportunities.
Directing authorities to remove encroachments on Government Natham land within eight weeks following due process.
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W.P.(MD) No.13236 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
AND
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD)No.13236 of 2021
Athilingam
... Petitioner
-Vs-
1.The District Collector,
Thenkasi Collector Office,
Thenkasi District.
2.The Revenue Divisional Officer,
R.D.O.Office,
Sankarankovil, Thenkasi District.
3.The Tahsildar,
Tahsildar Office,
Sankarankovil Taluk, Thenkasi District.
Page 1 of 6
W.P.(MD) No.13236 of 2021
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to conduct proper survey and remove the encroachment made by the respondents 6 and 7 in pathway at Government Natham land in Survey No.692/38, in Panthapuli Village, Sankarankovil Taluk, Thenkasi District based on the petitioner's representations dated 24.05.2021 and 12.07.2021 within a stipulated time that may be fixed by this Court.
For Petitioner : Mr.R.Senthil Kumar For R1 to R3 & R5: Mr.V.Nirmal Kumar, Government Advocate For R4 : Mr.R.Ragavendran
Page 2 of 6
ORDER
W.P.(MD) No.13236 of 2021
[Order of the Court was made by R.MAHADEVAN, J.]
This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to conduct a proper survey and remove the encroachment made by the respondents 6 and 7 in the pathway at Government Natham land in Survey No.692/38, situated at Panthapuli Village, Sankarankovil Taluk, Thenkasi District, based on the petitioner's representations dated 24.05.2021 and 12.07.2021 within a time frame.
2.Today, when the matter was taken up for hearing, the learned Government Advocate for the respondents 1 to 3 & 5 has produced the proceedings of the 3rd respondent in REVSKL/879/2022-B4, dated 08.11.2022 addressed to him and submitted that some encroachments were identified in the place in question. He further submitted that since the place in question comes under the control of the 4th respondent, the 3rd respondent by letter dated 08.11.2022, has requested the 4th respondent to take appropriate action, for removal of the encroachments.
Page 3 of 6
W.P.(MD) No.13236 of 2021
3.The aforesaid submission is not refuted by the learned counsel for the petitioner.
4.Recording the aforesaid submission, this Writ Petition stands disposed of, directing the authorities concerned to remove the encroachments in the place in question, after affording sufficient opportunity to all the parties concerned and by following due process of law, within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs.
[R.M.D., J.] & [J.S.N.P., J.] 10.11.2022
Index : Yes / No Internet : Yes / No Myr To 1.The District Collector, Thenkasi Collector Office, Thenkasi District.
Page 4 of 6
W.P.(MD) No.13236 of 2021
Sankarankovil, Thenkasi District.
Sankarankovil Taluk, Thenkasi District.
Page 5 of 6
W.P.(MD) No.13236 of 2021
R.MAHADEVAN, J. AND J.SATHYA NARAYANA PRASAD, J.
Myr
W.P.(MD)No.13236 of 2021
10.11.2022
Page 6 of 6
1 issue framed by the court
Whether the authorities are directed to remove encroachments made on Government land.
Athilingam
The District Collector
The Revenue Divisional Officer
The Tahsildar
The Block Development Officer
The Superintendent of Police
R.MAHADHEVAN
J.SATHYA NARAYANA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
