Disposed

Marikannu.v v. the District Collector

Madras HC17 Nov 2022WP(MD)/2161/2021

Case brief

AI extract

What is this about?

A writ petition filed under Article 226 directed District Collector and Tahsildar to remove illegal encroachments made by third parties on government land within a stipulated time frame, following petitioner's representation.

What did the court decide?

Direction to authorities to consider and dispose of representation dated 22.07.2020, remove encroachments if found after giving opportunities, within 12 weeks.

Marikannu.v Vs the District Collector — Landlord and Tenant | Madras HC (2022)

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W.P.(MD) No.2161 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 17.11.2022

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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.2161 of 2021

V.Marikannu

... Petitioner

Vs.

1.The District Collector, Office of the District Collector, Pudukkottai District, Pudukkottai.

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2.The Tahsildar, Office of the Tahsildar, Kulathur Taluk Office, Keeranoor, Pudukkottai District.

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3.Perumal 4.Palraj ... Respondents

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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.2161 of 2021

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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 and 2 herein to remove the illegal encroachments made by the 3rd and 4th respondents in the lands comprised in S.No.114-10 situated at Kainankarai, Mathur Village, Kulathur Taluk, Pudukkottai Distirct, on the basis of the petitioner's representation dated 22.07.2020, within the time stipulated by this Honble Court.

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For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.P.Thilak Kumar, Govt. Pleader for R1 & R2

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No Appearance for R3 & R4

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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 and 2 herein to remove the illegal encroachments made by the 3^rd and 4^th respondents in the lands comprised in S.No.114-10 situated at Kainankarai, Mathur Village, Kulathur Taluk, Pudukkottai Distirct, on the basis of the petitioner's representation dated 22.07.2020, within a time frame.

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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.2161 of 2021

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2 . It is the claim of the petitioner that the respondents 3 and 4 have made the aforesaid encroachment in the place in question and in this regard, though the petitioner made a representation on 22.07.2020 to the respondents seeking to remove the aforesaid encroachment, till date, no steps have been taken by the respondents to remove the said encroachment. Hence, the petitioner has filed this Writ Petition.

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3 . The learned Government Pleader appearing for the respondents 1 and 2 submitted that the representation of the petitioner dated 22.07.2020 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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4 . Recording the above submission, this Writ Petition is disposed of with a direction to the authorities concerned to consider and dispose of the representation of the petitioner dated 22.07.2020, on merits and in accordance with law. If there is any encroachment in the place in question, the authorities

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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.2161 of 2021

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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. No costs.

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

vsm

17.11.2022

Page 4 of 6

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

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W.P.(MD) No.2161 of 2021

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1.The District Collector, Office of the District Collector, Pudukkottai District, Pudukkottai.

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2.The Tahsildar, Office of the Tahsildar, Kulathur Taluk Office, Keeranoor, Pudukkottai 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.2161 of 2021

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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.2161 of 2021

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17.11.2022

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_____________ Page 6 of 6_

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

Marikannu.v v. the District Collector

Case brief

What is this about?

What did the court decide?

Marikannu.v v. the District Collector

Case brief

What is this about?

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