Petitioner sought writ against encroachment on Odai land. Court directed official respondents to survey land and pass orders within 12 weeks after giving opportunity to private respondent.
Order to official respondents to survey the land, give opportunity to private respondent, and pass appropriate orders within 12 weeks.
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W.P.No.34709 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.11.2024
Coram
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.34709 of 2024
M.Manoharan
S/o.Mani
... Petitioner
vs
Melmalaiyanur Taluk Melmalaiyanur Villupuram District
Petition filed under Article 226 of the Constitution of India praying
for issuance of a writ of mandamus directing respondents 1 and 2 herein
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to remove the encroachments caused by the third respondent in the water channel (Odai) in Survey No.84/7 situated at Kottapoondi Village, Melmalaiyanur Taluk, Villupuram District by considering the petitioner's representation dated 15.03.2024 within a time frame.
For Petitioner : Mr.C.Munusamy For Respondents : Mr.T.K.Saravanan Govt. Advocate for R1 and R2
O R D E R
(Order of the Court was made by K.RAJASEKAR, J.)
This writ petition has been filed seeking a direction to remove the
encroachment in Survey No.84/7, Kottapoondi Village, Melmalaiyanur
Taluk, Villupuram District, which is classified as “Odai”.
Taluk stating that the third respondent herein has encroached the Odai
Poramboke and constructed a building and has also altered the water channel.
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W.P.No.34709 of 2024
the encroachment made by the third respondent in the water channel,
flow of water has been blocked because of which the Agriculturist could
not do their agricultural work.
notice for R1 and R2.
petition is taken up for final disposal in the admission board with the
consent of both sides.
submit that already Tahsildar issued Form I to the Block Development
Officer and instructed to take appropriate steps under the Tamil Nadu
Panchayats Act.
been classified as “Odai Poromboke”, we are inclined to issue direction
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W.P.No.34709 of 2024
to the official respondents to consider the representation of the writ petition and proceed in accordance with law as per the Panchayats Act. We also make it clear that as far as the private respondent is concerned, all rights and contentions are preserved. The official respondents are directed to conduct survey after giving opportunity to the private respondent and all concerned, appropriate orders shall be passed within a period of 12 weeks from today.
With the above direction, this writ petition is disposed of. There shall be no order as to costs.
[M.S., J] [K.R.S., J] 25.11.2024 Index: Yes/No Neutral Citation: Yes/No Speaking order/Non-speaking order gpa
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W.P.No.34709 of 2024
To
Villupuram
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W.P.No.34709 of 2024
M.SUNDAR,J., and K.RAJASEKAR, J.,
gpa
W.P.No.34709 of 2024
25.11.2024
Page 6 of 6
M.Manoharan
The District Collector Villupuram
The Tahsildar Melmalaiyanur
Balaraman
M.Sundar
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
