Disposed

S.Velraj v. The District Collector

Madras HC25 Apr 2023WP/12633/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking removal of encroachments on a road designated as poramboke cart track in Sivagiri Village. Without notice to certain property owners, the Court directed official respondents to conduct surveys, remove encroachments within three months, and initiate disciplinary action against officials if they fail to comply, citing specific Supreme Court preceden

What did the court decide?

Directed Revenue Authorities to conduct surveys and remove encroachments within three months; to initiate disciplinary action against failing officials.

S.Velraj Vs The District Collector — Land Acquisition | Madras HC (2023)

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W.P. No. 12633 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.04.2023

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CORAM

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THE HON'BLE MR. JUSTICE S. VAIDYANATHAN

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AND

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THE HON'BLE MRS. JUSTICE R. KALAIMATHI

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W.P. No. 12633 of 2023

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S. Velraj ..Petitioner

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Vs.

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The District Collector, Erode District Erode – 638 011.

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The Tahsildar, Kodumudi Taluk, Kodumudi – 638 151.

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The Village Administrative Officer, Sivagiri “B” Village, Amman Kovil Post, Sivagiri – 638 109 Erode District.

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

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W.P. No. 12633 of 2023

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The Executive Officer, Sivagiri Panchayat, Sivagiri – 638 109 Erode District.

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Surendiran

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Dhamotharan 7. Palanisamy (Estate) ..Respondents

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Prayer: Petition under Article 226 of the Constitution of India praying

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for issue of a Writ of Mandamus directing respondents 1 to 4 to consider the petitioner's representation dated 03.01.2023 and pass orders to remove the encroachments in Re-Survey No. 472/15 of Sivagiri Village, Erode District within a time frame fixed by this Court.

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For Petitioner :: Mr.S. Kaithamalai Kumaran

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For Respondents :: Mr.P. Muthukumar, State Government Pleader for R1 to R4

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O R D E R

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

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W.P. No. 12633 of 2023

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S. VAIDYANATHAN,J.

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AND

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R. KALAIMATHI,J.

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The writ petition is filed for issue of a Writ of Mandamus directing respondents 1 to 4 to consider the petitioner's representation dated 03.01.2023 and pass orders to remove the encroachments in Re-Survey No. 472/15 of Sivagiri Village, Erode District within a time frame fixed by this Court.

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Since no adverse orders are going to be passed against

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respondents 5 to 7, without notice to the said respondents, the writ petition is disposed of.

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The case of the petitioner is that the road running in Re-Survey No. 472 of Sivagiri Village has been classified as poramboke cart track and

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has been assigned Survey No.472/15. According to the petitioner,

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respondents 5 to 7, who are owners of R.S. No. 472 have forcibly occupied

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

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W.P. No. 12633 of 2023

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the road in R.S. No. 472/15 and the alleged encroachment has been added to

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their patta lands and they have started farming in the lands encroached by them. The petitioner would further state that respondents 5 to 7, using their influence, have also suppressed the encroachment made by them. Though several representations have been given, no action has been taken. Hence, the present writ petition.

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When the matter is taken up, learned State Government Pleader produced a communication dated 25.04.2023 from Revenue Tahsildar,

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Kodumudi, wherein after inspecting and conducting enquiry, the Revenue Tahsildar has stated as follows:

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Rptfphp m fpuhkk;. rpd;dpaft[z;ld;ghisak; vd;w

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Kfthpapy; trpf;Fk; Rg;gpukzp kfd; nty;uh$; vd;gth;

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tHf;F bjhlh;e;Js;s <nuhL khtl;lk;. bfhLKo

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tl;lk;. rptfphp cs;tl;lk;. Rptfphp M fpuhkk;. g[y vz;/

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

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W.P. No. 12633 of 2023

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472-15 g[ykhdJ 0/13/0Vh ; !; gug;gpy; tz;og;ghij vd

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fpuhk fzf;fpy; jhf;fyhfpa[s;sJ/ nkYk;. g[y vz;/472-1 g[ykhdJ 0/04/50 Vh;!; gug;gpy; epytpay; tz;og;ghij vd fpuhk fzf;fpy; jhf;fyhfpa[s;sJ/ nkw;go epytpay; tz;og;ghijapy; jw;nghJ jhh; nuhL bry;fpwJ/ nkw;go epytpay; tz;og;ghijapid midtUk; gad;gLj;jp tUfpd;wdh;/ kDjhuh; Mf;fpukpg;g[ ,Ug;gjhf nfhhpa g[y vz;/ 472-15 tz;og;ghijapy; Mf;fpukpg;g[fs; ,Ug;gpd; mfw;w epymsit gzp nkw;bfhz;L mjid

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mfw;w chpa eltof;iffs; nkw;bfhs;sg;gLk; vd;gijg; gzpt[ld; bjhptpj;Jf;bfhs;fpnwd;/@

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From the above communication of Revenue Tahsildar, Kodumudi, it is clear that now there is a Thar Road in R.S. No. 472/15, which has been classified as cart-track and that steps would be taken, if any encroachment is found.

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A perusal of the A-Register produced before this Court shows

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

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W.P. No. 12633 of 2023

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that R.S. No. 472/15 is a vandipathai. If the respondents to whom notice

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has not been served have encroached upon the vandipathai, the official respondents shall take steps to conduct a survey in the presence of all parties concerned and if encroachment is found, then a decision shall be taken to remove the same, after hearing all parties concerned. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order. The officials shall follow the dictums of this Court (S.K.Kaul,C.J., and R.Mahadevan,J.) in Contempt Petition No.1769 of 2015 and Contempt Petition No.2166 of 2015 (Suo motu) and in W.P. No. 28143 of 2021 dated 27.01.2022 (S.Vaidyanathan,J and D. Bharatha Chakravarthy,J.) in its letter and spirit. If the officials fail to remove the encroachment, disciplinary action shall be initiated and punishment for major misconduct shall be entered in the service records that will deprive them of further chances of promotion.

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