Disposed

Prathapraj.R.S.S v. the District Collector

Madras HC24 Nov 2022WP(MD)/2014/2022

Case brief

AI extract

What is this about?

In a writ petition seeking removal of encroachment on Government poramboke lands, the Madurai Bench of Madras High Court directed revenue authorities to consider the petitioner's representation and remove any encroachment in Survey No.76/5 following due process within twelve weeks.

What did the court decide?

Directive to authorities to consider petitioner's representation and remove encroachment in S.No.76/5 if found, following due process, within twelve weeks.

Prathapraj.R.S.S Vs the District Collector — Land Acquisition | Madras HC (2022)

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W.P.(MD) No.2014 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 24.11.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND

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THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

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W.P.(MD)No.2014 of 2022

R.S.S.Prathapraj

... Petitioner

-Vs-

1.The District Collector,

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Tenkasi, Tenkasi District.

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2.The Revenue Divisional Officer,

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Sankarankovil, Tenkasi District.

3.The Tahsildar,

Thiruvengadam Taluk,

Tenkasi District.

4.The Commissioner,

Kuruvikulam Panchayat Union,

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Page 1 of 6

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

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W.P.(MD) No.2014 of 2022

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Thiruvengadam Taluk, Tenkasi District.

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5.The Panchayat President, Ramalingapuram Panchayat, Thiruvengadam Taluk, Tenkasi District.

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6.The Inspector of Police, Kuruvikulam Police Station, Tenkasi District.

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7.Ramasubbu ... Respondents

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PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made in Government poramboke land in Survey No.76/5 in Ramalingapuram Village, Thiruvengadam Taluk, Tenkasi District and Government poramboke cart track road which runs from Ramalingapuram Village to Seegampatti @ Sundareshvarapuram Village, Thiruvengadam Taluk, Tenkasi District.

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Page 2 of 6

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

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W.P.(MD) No.2014 of 2022

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For Petitioner : Mr.R.J.Karthick For R1 to R3 : Mr.S.P.Maharajan, Special Government Pleader For R4 & R5 : Mr.Saravanan For R6 : Mr.T.Senthil Kumar, Additional Public Prosecutor

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ORDER

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

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This Writ Petition is filed seeking issuance of Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made in the Government poramboke land in Survey No.76/5 in Ramalingapuram Village, Thiruvengadam Taluk, Tenkasi District and Government poramboke cart track road, which runs from Ramalingapuram Village to Seegampatti @ Sundareshvarapuram Village, Thiruvengadam Taluk, Tenkasi District.

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2.Today, when the Writ Petition was taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 to 3 produced the

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Page 3 of 6

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

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W.P.(MD) No.2014 of 2022

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proceedings of the 3^rd respondent in Na.Ka.A3/1606/2021, dated 17.02.2022 and submitted that S.Nos.89/9 and 76/5 in Ramalingapuram Village have been classified as Government poramboke cart road and odai and the 7^th respondent made encroachment only in S.No.89/9. After the survey conducted by the authorities concerned in the place in question on 08.02.2022, the 7^th respondent categorically made a statement that by inadvertence, he encroached the Government proamboke cart road in S.No.89/9 and after coming to know about the boundaries of his lands, he removed the encroachment in S.No.89/9 by himself. The learned Special Government Pleader further submitted that in S.No.76/5, there is no encroachment as alleged by the petitioner.

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3.At this juncture, the learned counsel for the petitioner submitted that it is suffice, if the petitioner's representation dated 26.12.2021 is disposed of within a time frame, for which, the learned Special Government Pleader is agreeable.

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Page 4 of 6

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

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W.P.(MD) No.2014 of 2022

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4.In view of the limited relief sought for by the petitioner, without going into the merits of the case, we direct the authorities concerned to consider the representation of the petitioner dated 26.12.2021 and pass appropriate orders on merits and in accordance with law. If there is any encroachment as pointed out by the petitioner in S.No.76/5, the authorities concerned shall remove the same, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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5.With the above direction, this Writ Petition stands disposed of. No

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costs.

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[R.M.D., J.] & [J.S.N.P., J.] 24.11.2022

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Index : Yes / No Internet : Yes / No Myr

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Page 5 of 6

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

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W.P.(MD) No.2014 of 2022

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R.MAHADEVAN, J.

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AND

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J.SATHYA NARAYANA PRASAD, J.

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Myr

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1.The District Collector,

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Tenkasi, Tenkasi District.

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2.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

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3.The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

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4.The Inspector of Police, Kuruvikulam Police Station, Tenkasi District.

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W.P.(MD)No.2014 of 2022

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24.11.2022

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Page 6 of 6

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

Prathapraj.R.S.S v. the District Collector

Case brief

What is this about?

What did the court decide?

Prathapraj.R.S.S v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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