Disposed

K.Annapooranam v. The District Collector

Madras HC19 Oct 2022WP(MD)/2160/2020

Case brief

AI extract

What is this about?

The Court disposed of a writ petition under Article 226. It directed official respondents to consider the petitioner's representation regarding an encroachment on vacant land and remove it within eight weeks after following due process and affording opportunities to parties.

What did the court decide?

Directed respondents to consider petitioner's representation dated 08.01.2020 and remove encroachment if found, following due process, within eight weeks from receipt of order.

K.Annapooranam Vs The District Collector — Land Acquisition | Madras HC (2022)

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W.P.(MD) No.2160 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 19.10.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE R.MAHADEVAN

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and

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THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

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W.P.(MD) No.2160 of 2020

K.Annapooranam

... Petitioner

Vs.

1.The District Collector, Sivagangai District, Sivagangai.

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2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

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3.The Tahsildhar, Devakottai Taluk Office, Devakottai, Sivagangai District.

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4.The Block Development Officer cum Special Officer, Union Office, Devakottai, Sivagangai District.

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Page 1 of 6

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

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5.The Secretary / Panchayat Assistant, Sakkanthi Panchayat, Sakkanthi Group, Devakottai Taluk, Sivagangai District.

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W.P.(MD) No.2160 of 2020

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6.Tmt. Vijaya.

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... 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 5 herein to remove the illegal encroachment made by the 6^th respondent herein in respect of the Natham Vacant Property bearing Survey No.212/24 to an extent of 9 ½ cents at North Irumathi Vilalge, Thidakottai Post, Devakottai Taluk, Sivagangai District by considering Petitioner's representation dated 08.01.2020 within a stipulated time.

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For Petitioner : Mr.A.Saravanan For Respondents : Mr.N.GA.Nataraj, Govt. Advocate for R1 to R5 Mr.J.Anandkumar for R6

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O R D E R

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

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This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 5 herein to remove the illegal encroachment made

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Page 2 of 6

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

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by the 6

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W.P.(MD) No.2160 of 2020

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by the 6^th respondent, in respect of the natham vacant site bearing Survey No. 212/24 to an extent of 9 ½ cents situated at North Irumathi Vilalge, Thidakottai Post, Devakottai Taluk, Sivagangai District, by considering the petitioner's representation dated 08.01.2020, within a time frame.

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2 . The learned counsel appearing for the petitioner submitted that though the petitioner made a representation on 08.01.2020 to the respondents seeking to remove the aforesaid encroachment, till date, no steps have been taken by the respondents to remove the same. Hence, the petitioner has filed this Writ Petition.

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3 . The learned Special Government Pleader appearing for the respondents 1 to 5 submitted that the representation of the petitioner dated 08.01.2020 would be considered by the official respondents and appropriate action will be taken to remove the encroachment, if any, for which, the learned counsel for the petitioner is agreeable.

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

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W.P.(MD) No.2160 of 2020

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4 . Recording the above submission, this Writ Petition is disposed of with a direction to the official respondents to consider the representation of the petitioner dated 08.01.2020, on merits and in accordance with law, if not considered earlier. If there is any encroachment, 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 eight (8) weeks from the date of receipt of a copy of this order. No costs.

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

vsm

19.10.2022

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

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W.P.(MD) No.2160 of 2020

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1.The District Collector, Sivagangai District, Sivagangai.

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2.The Revenue Divisional Officer, Devakottai, Sivagangai District.

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3.The Tahsildhar, Devakottai Taluk Office, Devakottai, Sivagangai District.

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4.The Block Development Officer cum Special Officer, Union Office, Devakottai, Sivagangai District.

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5.The Secretary / Panchayat Assistant, Sakkanthi Panchayat, Sakkanthi Group, Devakottai Taluk, Sivagangai District.

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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.2160 of 2020

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R.MAHADEVAN, J. and J.SATHYA NARAYANA PRASAD, J.

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vsm

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W.P.(MD) No.2160 of 2020

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19.10.2022

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_____________ Page 6 of 6_

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

K.Annapooranam v. The District Collector

Case brief

What is this about?

What did the court decide?

K.Annapooranam 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

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