Disposed

Govindaraj.a.S v. the District Collector

Madras HC27 Oct 2022WP(MD)/14551/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition filed under Article 226 of the Constitution of India. The petitioner sought removal of encroachments on Odai Poramboke and grazing land in Virudhunagar District. Directing authorities to act, the court ordered the removal of encroachments by respondents five and six within eight weeks.

What did the court decide?

Direction to respondents to proceed with removal of encroachments within eight weeks following due process of law.

Govindaraj.a.S Vs the District Collector — Land Acquisition | Madras HC (2022)

¶1

W.P.(MD)No.14551 of 2021

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 27.10.2022

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

¶6

W.P(MD)No.14551 of 2021

S.Govindaraj

... Petitioner

Vs.

The District Collector, Virudhunagar, Virudhunagar District.

¶11

The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

¶12

The Tahsildar,

¶13

Sivakasi, Virudhunagar District.

¶14

The President, Sevallur Village Panchayat, Sivakasi Taluk, Virudhunagar District.

¶15

5. Ramasamy

¶16

Palanikumar ... Respondents

¶17

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to remove the encroachments made in survey No.1014 and 920 of Sevalur Village, Sivakasi

¶18

1/5 https://www.mhc.tn.gov.in/judis

¶19

W.P.(MD)No.14551 of 2021

¶20

Taluk, Virudhunagar District, classified as Odai Poramboke, Oorani and grazing land encroached by the respondents 5 and 6, by considering the representation of the petitioner dated 09.07.2021, with a time frame that may be stipulated by this Honourable court.

¶21

For Petitioner : Mr.S.C.Herold Singh For Respondents 1 to 4 : Mr.P.Thilak Kumar Government Pleader For Respondents 5 & 6 : No appearance

¶22

O R D E R

¶23

(Order of the Court was made by R.MAHADEVAN, J. )

¶24

The petitioner has come forward with this writ petition praying to

¶25

issue a writ of mandamus, directing the respondents to remove the encroachments made by the respondents 5 and 6 in Survey Nos.1014 and 920 of Sevalur Village, Sivakasi Taluk, Virudhunagar District, which is classified as Odai Poramboke, Oorani and grazing land, by considering his representation dated 09.07.2021, with a time frame.

¶26

Heard Mr.S.C.Herold Singh, learned counsel for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents 1 to 4.

¶27

2/5 https://www.mhc.tn.gov.in/judis

¶28

W.P.(MD)No.14551 of 2021

¶29

The respondents 1 to 3 have filed a counter-affidavit, wherein, at paragraph Nos.9 and 10, it has been averred as follows:-

¶30

“9. It is submitted that my predecessor in K.Dis.

¶31

81/8809/2017 dated 11.2017 has directed the Zonal Deputy Tahsildar, Sivakasi to evict the encroachment made in S.No. 1014 Gracing Ground Poramboke. In view of Covid-19, follow up action could not be taken.

¶32

It is submitted that the Zonal Deputy Tahsildar, Sivakasi and the Revenue Inspector. Mangalam and the Village Adimnistrative officer, Sevalur have been instructed by the third respondent in his Rc.No.B1/3533/2021 dated 21-09-2021 to take immediate action to evict the encroachments made in S.No.1014 and S.No.920/3B of Sevalur Village, Sivakasi Taluk following the procedure laid down under Tamilnadu Land Encrolachment Act.”

¶33

The learned Government Pleader also submitted that steps are being taken to remove the encroachments in question.

¶34

In view of the above, the Writ Petition is disposed of with a direction to the respondents 1 to 4 to proceed with removal of encroachments in

¶35

3/5 https://www.mhc.tn.gov.in/judis

¶36

W.P.(MD)No.14551 of 2021

¶37

question, after affording sufficient opportunity to the petitioner, respondents 5

¶38

and 6 and all other parties concerned and by following due process of law. Such

¶39

an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs.

¶40

[R.M.D., J.] [J.S.N.P., J.]

¶41

27.10.2022

¶42

Internet : Yes / No Index : Yes / No pkn

¶43

¶44

The District Collector, Virudhunagar, Virudhunagar District.

¶45

The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

¶46

The Tahsildar, Sivakasi, Virudhunagar District.

¶47

The President, Sevallur Village Panchayat, Sivakasi Taluk, Virudhunagar District.

¶48

4/5 https://www.mhc.tn.gov.in/judis

¶49

W.P.(MD)No.14551 of 2021

¶50

and

¶51

R.MAHADEVAN, J.

¶52

J.SATHYA NARAYANA PRASAD, J.

¶53

pkn

¶54

W.P(MD)No.14551 of 2021

¶55

27.10.2022

¶56

5/5 https://www.mhc.tn.gov.in/judis

Govindaraj.a.S v. the District Collector

Case brief

What is this about?

What did the court decide?

Govindaraj.a.S 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

Arivalagan.P.K Vs The District Collector

S.Jayaprakash Vs the Secretary to Govt.

Thilipkumar. K Vs The District Collector

Muniyasamy.M Vs the Dist.Collector

Antony Siluvai Muthu Vs the District Collector

Vadivel Vs the District Collector