Allowed

Ayyadurai. S v. The District Collector

Madras HC30 Aug 2024WP(MD)/20798/2024

Case brief

AI extract

What is this about?

This order disposed of a writ petition seeking removal of encroachment by a fourth respondent on a cart track. The court directed respondents 1 to 3 to initiate and complete the removal action within 12 weeks under the Tamil Nadu Land Encroachment Act, 1905.

What did the court decide?

Directions to respondents 1 to 3 to initiate and complete action for removal of encroachment within 12 weeks.

Ayyadurai. S Vs The District Collector — Landlord and Tenant | Madras HC (2024)

¶1

W.P.(MD)No.20798 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 30.08.2024

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

¶6

W.P.(MD)No.20798 of 2024

¶7

S.Ayyadurai ... Petitioner

¶8

-vs-

¶9

1.The District Collector, Thoothukudi District, Thoothukudi. 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kovilpatti - 628 501.

¶10

3.The Tahsildar, Office of the Tahsildar, Ottapidaram, Thoothukudi District. 4.Serman, S/o.Kumaraiyan ... Respondents

¶11

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent in the cart track in Survey No.171,

¶12

_____________ Page 1 of 4_

¶13

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

¶14

W.P.(MD)No.20798 of 2024

¶15

Vellaram Village, Ottapidaram Taluk, Thoothukudi District, by considering the petitioner's representation dated 10.03.2024.

¶16

For Petitioner : Mr.M.P.Senthil For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader

¶17

O R D E R

¶18

[Order of the Court was made by R.SUBRAMANIAN, J.]

¶19

Prayer in the Writ Petition reads as follows:-

¶20

'' To issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent in the cart track in Survey No.171, Vellaram Village, Ottapidaram Taluk, Thoothukudi District, by considering the petitioner's representation dated 10.03.2024. ''

¶21

2 . The Tahsildar of Ottapidram, Thoothukudi District / the third respondent herein, has, in his letter dated 30.08.2024, addressed to the learned Government Pleader, stated that the claim of encroachment on the road is true and that the encroached portion has also been identified after proper survey. The said letter also discloses that the action is underway to remove the encroachment as per the provisions of the Tamil Nadu Land Encroachment Act, 1905.

¶22

_____________ Page 2 of 4_

¶23

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

¶24

W.P.(MD)No.20798 of 2024

¶25

3 . In the light of the above instructions, this Writ Petition is disposed

¶26

of with the direction to the authorities to initiate and complete the action for removal of encroachment, within a period of 12 weeks from the date of receipt of a copy of this order. No costs.

¶27

NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 30.08.2024 smn2

¶28

To:-

¶29

1.The District Collector, Thoothukudi District, Thoothukudi.

¶30

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kovilpatti - 628 501.

¶31

3.The Tahsildar, Office of the Tahsildar, Ottapidaram, Thoothukudi District.

¶32

_____________ Page 3 of 4_

¶33

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

¶34

W.P.(MD)No.20798 of 2024

¶35

R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.

¶36

smn2

¶37

W.P.(MD)No.20798 of 2024

¶38

30.08.2024

¶39

_____________ Page 4 of 4_

¶40

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

Ayyadurai. S v. The District Collector

Case brief

What is this about?

What did the court decide?

Ayyadurai. S v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Commissioner of School Education Vs C.Velankanni

G.George Mani Vs D.Antony Rajadurai

Princeton Fernando.L Vs Muthusamy

The Principal Secretary, Vs Selvi

S.Sakthivel, Vs Saravanan

Somasundaram. M Vs The District Revenue Officer