Disposed

A.Appavu, v. The District Collector

Madras HC21 Feb 2024WP/22141/2019

Case brief

AI extract

What is this about?

Writer Petition filed under Article 226 for Mandamus directing respondents to remove obstruction/encroachments on petitioner's property. Court directed authorities to act after crops are harvested and issue notice to remove encroachers within four months. Writ Petition disposed.

What did the court decide?

Directs authorities to remove encroachments after harvest of crops within a period of four months from receipt of order.

A.Appavu, Vs The District Collector — Landlord and Tenant | Madras HC (2024)

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W.P.No.22141 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.02.2024

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CORAM

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.22141 of 2019

A.Appavu

... Petitioner

Vs.

The District Collector, Villupuram District, Villupuram.

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The Tahsildar, Ulundurpet Taluk, Villupuram District.

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P.Rajamanickam

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The Public Works Department, Ulundurpet and Taluk, Villupuram District. ... Respondents [R4 impleaded vide order dated 25.02.2021]

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to ensure the access to petitioners property, situated at Nathamur Village, Ulundurpet Taluk, Villupuram District, bearing Patta No.70, comprised in Survey No.168/8, measuring an extent of Acre 1.64 Cents, out of Acres 3.30 Cents

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Page 1 of 4

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

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W.P.No.22141 of 2019

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by removing obstruction made by the 3^rd respondent into the property in Survey No.172 on the basis of the petitioner's representation dated 01.03.2019.

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For Petitioner : Mr.R.Thanjan

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For R1, R2 & R4 : Mr.A.Selvendran, Special Government Pleader

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For R3 : No appearance

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O R D E R

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(Order of the Court was made by S.M.SUBRAMANIAM, J. )

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The learned Special Government Pleader appearing for the

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respondents made an undertaking that standing crops are found and therefore, the authorities are not in a position to remove the encroachments immediately. After the crops are harvested, immediately actions will be taken to remove the encroachments. After harvesting, if the encroachers have failed to vacate the premises, the respondents are directed to issue notice to the encroachers and by following the procedures, remove all the encroachments in any event within a period of four months from the date of receipt of a copy of this order. It is made clear that no further time after harvest of crops should be given to the encroachers.

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

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Page 2 of 4

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W.P.No.22141 of 2019

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Accordingly, the Writ Petition stands disposed of. No costs.

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(S.M.S.,J.) (K.R.S.,J.) 21.02.2024

skr

Index : Yes

The District Collector, Villupuram District, Villupuram.

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The Tahsildar, Ulundurpet Taluk, Villupuram District.

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The Public Works Department, Ulundurpet and Taluk, Villupuram District.

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Page 3 of 4

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

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W.P.No.22141 of 2019

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S.M.SUBRAMANIAM, J. and K.RAJASEKAR, J.

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skr

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W.P.No.22141 of 2019

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21.02.2024

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Page 4 of 4

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

A.Appavu, v. The District Collector

Case brief

What is this about?

What did the court decide?

A.Appavu, v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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