Disposed

Thilipkumar. K v. The District Collector

Madras HC26 Oct 2022WP(MD)/719/2021

Case brief

AI extract

What is this about?

Petitioner sought writ directing respondents to remove private encroachments on land classified as highway. Court recorded submission that encroachments would be removed within eight weeks and directed authorities to act after due notice within that period before disposing the petition.

What did the court decide?

Directed authorities to remove encroachments by giving due notice and following due process of law within eight weeks.

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

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W.P.(MD) No.719 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 26.10.2022

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CORAM:

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

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W.P.(MD) No.719 of 2021

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K.Thilipkumar ... Petitioner

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-vs-

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1.The District Collector Thanjavur District Thanjavur 2.The Tahsildar Papanasam Taluk Thanjavur District 3.The Assistant Divisional Engineer Highways Department Construction and Maintenance Sub Division Papanasam Taluk, Thanjavur District 4.The Assistant Executive Engineer Public Works Department Vennaru Basin Division (Part-I) Thanjavur District 5.Manimegalai 6.Chithra 7.Padmini 8.Selvi ... 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 4 to remove the encroachment made by the respondents 5 to 8 in S.F.No.61 of Viluthiur Village, Papanasam Taluk, Thanjavur District, which was classified as highway in the revenue records, based on the petitioner's representation dated 06.03.2020.

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

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1/3

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W.P.(MD) No.719 of 2021

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For Petitioner: Mr.Ramanathan.AN.

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For Respondents : Mr.P.Thilakkumar Government Pleader for R1 to R4 Mr.R.Suresh Kumar for R5 to R8

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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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The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 8 in S.F.No.61 of Viluthiur Village, Papanasam Taluk, Thanjavur District, which is classified as “Highway” in the revenue records, based on the petitioner's representation dated 06.03.2020.

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2. When the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that there are some encroachments, as projected by the petitioner, in the subject land and the same would be removed, in accordance with law, within a period of eight weeks.

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3. Recording the above submission of the learned Government Pleader, the authority concerned is directed to remove the encroachments made by the private respondents in the subject land after giving due notice 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.

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4. With the above direction, this writ petition is disposed of. No costs.

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// True Copy //

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/11/2022 Sub Assistant Registrar(CS)

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krk

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To:

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1.The District Collector, Thanjavur District, Thanjavur.

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

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2/3

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W.P.(MD) No.719 of 2021

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2.The Tahsildar, Papanasam Taluk, Thanjavur District.

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3.The Assistant Divisional Engineer, Highways Department, Construction and Maintenance Sub Division, Papanasam Taluk, Thanjavur District.

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4.The Assistant Executive Engineer, Public Works Department, Vennaru Basin Division (Part-I), Thanjavur District.

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+1 CC to M/s.SPL.GP ( SR-51702[F] dated 28/10/2022 )

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W.P.(MD) No.719 of 2021 26.10.2022

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AMS(03.11.2022) 3P 6C

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

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Thilipkumar. K v. The District Collector

Case brief

What is this about?

What did the court decide?

Thilipkumar. K v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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