Writ petition filed under Article 226 seeking direction to remove encroachments on government land. The Court disposed of the petition, directing the petitioner to approach the Committee constituted under G.O.(Ms) No.64 for redressal.
Petition disposed with liberty to approach the Committee constituted under G.O.(Ms) No.64 for redressal.
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W.P.(MD) No.28197 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.11.2023
CORAM:
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD) No.28197 of 2023
L.Nagarajan
... Petitioner
-vs-
1.The Tahsildar Aathur Taluk Dindigul District
4.Rajasekar ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 and 2 to remove the encroachments made by the respondents 3 and 4 in the Government Poramboke Natham land in Survey No.755/33 and 755/34 and the street in
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W.P.(MD) No.28197 of 2023
Survey No.755/1, situated in Ambathurai Village, Kurumbapatti, Aathur
Taluk, Dindigul District, within the time stipulated by this Court.
For Petitioner : Mr.I.Robert Chandra Kumar For Respondents : Mr.S.P.Maharajan Special Government Pleader for R1 & R2
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE]
We have heard Mr.I.Robert Chandra Kumar, learned counsel for the petitioner and Mr.S.P.Maharajan, learned Special Government Pleader, for the respondents 1 & 2.
2. This writ petition is filed seeking a direction to the respondents 1 & 2 to remove encroachments made in the public pathway.
3. Initially, the G.O.(Ms) No.540, Revenue LD6(2) Department, dated 04.12.2014, was issued pursuant the order passed by the Division Bench of this Court, wherein the parties, who have grievances of encroachments, were directed to approach the Authority concerned.
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W.P.(MD) No.28197 of 2023
4. Learned Special Government Pleader appearing for the respondents 1 & 2 submits that subsequently, G.O.(Ms) No.64, Revenue and Disaster Management Department, Land Disposal Wing, LD6(2) Section, dated 08.02.2022, was issued, wherein a Committee is constituted for redressal of such grievances.
5. In the light of that, we dispose of this writ petition with liberty to the petitioner to approach the Committee / Authority, as constituted under G.O.(Ms) No.64, Revenue and Disaster Management Department, Land Disposal Wing, LD6(2) Section, dated 08.02.2022. No costs.
[S.V.G., .C.J.] [L.V.G., J.]
30.11.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No
krk
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W.P.(MD) No.28197 of 2023
To:
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W.P.(MD) No.28197 of 2023
THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI , J.
krk
W.P.(MD) No.28197 of 2023
30.11.2023
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2 issues framed by the court
Whether the writ petition seeking removal of encroachments from government land should be disposed of by directing the petitioner to approach the committee constituted under G.O.(Ms) No.64.
Whether the State is liable to remove private encroachment on public land spontaneously or must follow due process via authorized Committee.
2 provisions across 2 enactments
L. Nagarajan
The Tahsildar, Aathur Taluk, Dindigul District
The Block Development Officer, Aathur Taluk, Dindigul District
Sanjay V. Gangapurwala
L. Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
