Single judge disposed of writ petition seeking removal of encroachments. Court directed fourth respondent to pursue existing eviction proceedings but declined to examine merits.
Direct to fourth respondent (Estate Officer) to pursue the eviction proceeding to its logical conclusion.
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W.P.(MD)No.21217 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.21217 of 2024
Perumal, S/o.Veerapathiran ... Petitioner
-vs-
1.The District Collector, Trichy District, Trichy.
2.The Revenue Divisional Officer, Trichy District.
3.The Tahsildar, Theruvembur Taluk, Trichy District.
4.The Estate Officer, Ordinance Factory, Trichy, Unit of AWEIL, Government of India Enterprise, Ministry of Defence, Tamil Nadu. 5.Eranian 6.Navaneedhakrishnan ... Respondents
_____________ Page 1 of 5_
PRAYER:
W.P.(MD)No.21217 of 2024
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 take appropriate action to remove the encroachments made in Survey Nos.129/2 and 138/1 of the Palanganangudi Village, Trichy District, by disposing the proceedings in Na.Ka.No.A1/29246/2024, dated 19.07.2024, pending on their file, within stipulated time may be fixed by this Court.
For Petitioner : Mr.Ayyanar Prem Kumar For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader For R4 : Mr.K.Govindarajan Deputy Solicitor General of India
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
The learned Deputy Solicitor General of India appearing for the fourth respondent would submit that the fourth respondent on coming to know
about the encroachment, had taken action for removal of encroachment, which
was subject matter of challenge in W.P.(MD)No.17936 of 2024 filed by one Iranian. The said Writ Petition was also withdrawn with liberty to file a statutory appeal under the Public Premises [Eviction of Unauthorized Occupants] Act,
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W.P.(MD)No.21217 of 2024
that action is underway to remove the encroachment.
2 . In the light of the statement made by the learned Deputy Solicitor
General of India, this Writ Petition is disposed of with the direction to the fourth respondent to pursue the eviction proceeding to its logical conclusion. We make it clear that we have not gone into the merits of the contentions of the petitioner.
No costs.
NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 05.09.2024 smn2
To:-
1.The District Collector, Trichy District, Trichy.
2.The Revenue Divisional Officer, Trichy District.
3.The Tahsildar, Theruvembur Taluk, Trichy District.
_____________ Page 3 of 5_
W.P.(MD)No.21217 of 2024
4.The Estate Officer, Ordinance Factory, Trichy, Unit of AWEIL, Government of India Enterprise, Ministry of Defence, Tamil Nadu.
_____________ Page 4 of 5_
W.P.(MD)No.21217 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
smn2
W.P.(MD)No.21217 of 2024
05.09.2024
_____________ Page 5 of 5_
1 issue framed by the court
Whether the Court should direct the fourth respondent to pursue eviction proceedings despite noting a separate MHC is pending.
Perumal
The District Collector, Trichy District
The Revenue Divisional Officer, Trichy District
The Tahsildar, Theruvembur Taluk, Trichy District
The Estate Officer, Ordinance Factory, Trichy
R.SUBRAMANIAN
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
