Disposed

Subramaniyan.R v. The District Collector

Madras HC25 Apr 2023WP(MD)/9704/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a mandamus directing revenue authorities to remove encroachments on government poramboke lands. The High Court directed officials to consider the representation on merits, take appropriate action against encroachers after affording due process, and complete the exercise within eight weeks.

What did the court decide?

Directs official respondents to consider representation on merits and remove encroachment on government lands within eight weeks after affording due process.

Subramaniyan.R Vs The District Collector — Landlord and Tenant | Madras HC (2023)

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W.P.(MD)No.9704 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 25.04.2023

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CORAM:

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THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE R.SUBRAMANIAN

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W.P.(MD)No.9704 of 2023

R.Subramaniyan

... Petitioner

-vs-

The District Collector, Sivagangai District.

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The District Revenue Officer, Sivagangai District, Sivagangai.

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The Revenue Divisional Officer, Sivagangai Revenue Division, Sivagangai.

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The Thasildar, Thiruppuvanam Taluk, Sivagangai District.

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The President, T.Alangulam Panchayath, Kothangulam Group, Piramanur Post, Thiruppuvanam Taluk, Sivagangai District.

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T.Velappan

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K.Mulaligam

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Page 1 of 7

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

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W.P.(MD)No.9704 of 2023

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M.Subbaiya

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K.Senbha Thevar

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S.Ramalingam

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K.Valli

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T.Siva

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N.Savithri

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R.Rajenthran

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M.Ampalavanan

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Thilagam

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R.Boomibalan

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V.Thirunavukarasu

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S.Manikandan

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T.Anbarasu

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to issue necessary direction to the 4^th respondent herein, to remove the encroachment made by respondents 6 to 20 in the government porampoke lands, used as alley and street in bearing Survey Nos.276/5, 8, 10, 22, 277/5, 7, 10, 279/10, 12, 15, 276/12, 27, 277/13, 278/1, 12, 279/7, 25, 281/9, 282/1, 280/22, 281/9 and S.No.282/2, 3, situated at T.Alangulam Village, Kothangulam Group, Thiruppuvanam Taluk,

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

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Page 2 of 7

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W.P.(MD)No.9704 of 2023

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Sivagangai District, based on the petitioner's representation dated 20.03.2023 made to the respondents 1 to 5.

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For Petitioner : Mr.p.Arumugam For R1 to R4 : Mr.P.Thilakkumar Government Pleader

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ORDER

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[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE]

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The writ petitioner has filed this writ petition for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to issue necessary direction to the fourth respondent to remove

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the encroachment made by respondents 6 to 20 in the Government poramboke lands in Survey Nos.276/5, 8, 10, 22, 277/5, 7, 10, 279/10, 12, 15, 276/12, 27, 277/13, 278/1, 12, 279/7, 25, 281/9, 282/1, 280/22, 281/9 and S.No.282/2, 3, at T.Alangulam Village, Kothangulam Group, Thiruppuvanam Taluk, Sivagangai District, on the basis of the representation, dated 20.03.2023, within a time frame.

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Page 3 of 7

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

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W.P.(MD)No.9704 of 2023

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Mr.P.Thilakkumar, learned Government Pleader

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takes notice for the respondents 1 to 4. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the private respondents is dispensed with.

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Learned Government Pleader appearing for the respondents 1 to 4 submitted that the revenue authority, namely, the jurisdictional Tahsildar, will issue notice calling upon the encroachers to remove the obstruction/encroachment made by the respondents 6 to 20 and he will also ensure that after issuance of notice for removal, the authority will ensure that the road/street in question will be cleared from encroachment in future.

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Recording the aforesaid submissions, without

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expressing any opinion on merits, this writ petition is disposed of, directing the official respondents to consider the representation of the petitioner, dated 20.03.2023 on merits and in accordance with law. If there is any encroachment by the private respondents as claimed by the petitioner, then the concerned jurisidictional Tahisldar shall take appropriate action, after affording sufficient opportunity to all the parties concerned and by following due

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

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Page 4 of 7

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W.P.(MD)No.9704 of 2023

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process of law. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

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5 . With the above direction, the Writ Petition is

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disposed of. No costs.

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[T.R., A.C.J.] [R.S.M., J.] 25.04.2023

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NCC : No Index : No Internet: Yes PKN

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Page 5 of 7

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

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W.P.(MD)No.9704 of 2023

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The District Collector, Sivagangai District.

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The District Revenue Officer, Sivagangai District, Sivagangai.

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The Revenue Divisional Officer, Sivagangai Revenue Division, Sivagangai.

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The Thasildar, Thiruppuvanam Taluk, Sivagangai District.

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Page 6 of 7

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

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W.P.(MD)No.9704 of 2023

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THE HON'BLE ACTING CHIEF JUSTICE and R.SUBRAMANIAN, J.

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PKN

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ORDER MADE IN W.P.(MD)No.9704 of 2023

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25.04.2023

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Page 7 of 7 https://www.mhc.tn.gov.in/judis

Subramaniyan.R v. The District Collector

Case brief

What is this about?

What did the court decide?

Subramaniyan.R v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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