Madras High Court
C.Ayyakannu vs The Principal Secretary To Government on 3 January, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar, R.Vijayakumar
W.P.(MD) No.22171 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD) No.22171 of 2023
C.Ayyakannu ... Petitioner
-vs-
1.The Principal Secretary to Government
Revenue Department, Secretariat
Chennai-600 009
2.The Commissioner
(Land Administration Department)
2nd Floor, Ezhilagam
Chepauk, Chennai-600 005
3.The District Collector
District Collector Office
Trichy District-620 001
4.The Revenue Divisional Officer
Office of the Revenue Divisional Officer
Srirangam, Trichy-620 009
____________
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.22171 of 2023
5.The Tahsildar
Manapparai Taluk Office
Manapparai
Trichy District-621 306
6.Vellaikunju ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue
a writ of mandamus directing the fifth respondent to consider the petitioner's
representation dated 11.07.2023 and consequently direct the fifth respondent
to make necessary action to evict the encroachment made by the sixth
respondent in the government land within the time stipulated by this Court.
For Petitioner : Mr.S.Vikram
For Respondents : Mr.P.Thilakkumar
Government Pleader for R1 to R5
Mr.S.Anand Chandrasekar
for M/s.Sarvabhauman Associates for R6
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the fifth respondent to consider the petitioner's representation dated 11.07.2023 and consequently to ____________ Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22171 of 2023 direct the fifth respondent to make necessary action to evict the encroachment made by the sixth respondent in the Government land within the time stipulated by this Court.
2. Learned Government Pleader appearing for the respondents 1 to 5, on instruction, would submit that the lands from which the encroachments are sought to be removed are in Survey Nos.159/1 and 160 of Pudhuvadi Village, Manapparai Village, Trichirappalli District. Of which, the land in Survey No.159/1 is classified as “Vaari Poramboke”, wherein, there is an encroachment and the land in Survey No.160 is classified as “Government Poramboke”, wherein, there is no encroachment. Further, the learned Government Pleader undertakes that necessary action will be taken for removal of encroachment in Survey No.159/1.
3. Recording the above submission of the learned Government Pleader appearing for the respondents 1 to 5, we direct the official respondents to consider the petitioner's representation dated 11.07.2023 and take a decision, on merits and in accordance with law, after affording due opportunity to the all the parties concerned. Such an exercise shall be ____________ Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22171 of 2023 completed within a period of twelve weeks from the date of receipt of a copy of this order.
4. Accordingly, this writ petition is disposed of. No costs.
[D.K.K., J.] [R.V., J.]
03.01.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
krk
To:
1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai-600 009.
2.The Commissioner, (Land Administration Department), 2nd Floor, Ezhilagam, Chepauk, Chennai-600 005.
3.The District Collector, District Collector Office, Trichy District-620 001.
4.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Srirangam, Trichy-620 009.
____________ Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22171 of 2023
5.The Tahsildar, Manapparai Taluk Office, Manapparai, Trichy District-621 306.
____________ Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.22171 of 2023 D.KRISHNAKUMAR, J.
and R.VIJAYAKUMAR, J.
krk W.P.(MD) No.22171 of 2023 03.01.2024 ____________ Page 6 of 6 https://www.mhc.tn.gov.in/judis