Madras High Court
Dr.Senthilkumar vs The District Collector on 24 September, 2021
Author: K.Kalyanasundaram
Bench: K.Kalyanasundaram, V.Sivagnanam
W.P. No.20596 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 24.09.2021
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
W.P. No.20596 of 2021
Dr.Senthilkumar .. Petitioner
Versus
1. The District Collector,
Collectorate Office,
Ariyalur District.
2. The Revenue Divisional Officer,
Udayarpalayam,
Ariyalur District.
3. The Tahsildar,
Jayankondam,
Udayarpalayam Taluk,
Ariyalur District.
4. The Block Development Officer,
(Village Panchayat),
Panchayat Union,
Jayankondam, Ariyalur District.
5. The Assistant Executive Engineer,
Construction and Maintenance,
Highway Department,
Jayankondam,
Ariyalur District.
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W.P. No.20596 of 2021
6. The Village Panchayat President,
Thaluthalimedu Panchayat,
Panchayat Union,
Jayankondam,
Ariyalur District.
7. Sankar. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
seeking to issue a Writ of Mandamus, directing the respondents 1 to 6 to
take action and remove the encroachments made by the 7th respondent in
S.No.55, total an extent of 0.91.0 Hectares situated at Thaluthalaimedu
Village, Udayarpalayam Taluk, Ariyalur District as per the direction given
by the 3rd respondent vide his proceedings in Na.Ka.A1/362/2021, dated
11.02.2021.
For petitioner : Mr.K.Balu
For respondents
for RR1 to 6 : Mrs.Akila Rajendran
ORDER
(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.
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2. This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 6 to take action to remove the encroachment in Survey No.55, at Thaluthalaimedu Village, Udayarpalayam Taluk, Ariyalur District.
3. The petitioner would state that he is a Doctor by profession and he owns land in Survey Nos.53/11 and 53/9 in Thaluthalaimedu Village. It is the grievance of the petitioner that the seventh respondent has encroached the land in Survey No.55, which has been classified as Kulam Poramboke.
On 17.09.2019 one Kaliyamurthy made a representation to the fourth respondent to remove the encroachment. Subsequently, the petitioner also made a representation. But no action has been taken so far, hence the petition.
4. The learned counsel appearing for the petitioner Mr.K.Balu, would argue that in view of the encroachment made by the seventh respondent in Kulam Poramboke, the petitioner as well as the others are suffering and it is the duty of the official respondents to maintain Kulam Poramboke, as per the order passed in W.P.No.26722 of 2013.
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5. He further stated that it would suffice if a suitable direction is issued to the fourth respondent to remove the encroachment.
6. The learned Government Counsel appearing for the respondents Mrs.Akila Rajendran, would state that in pursuance of the representations made in this regard, the official respondents had inspected the area and found that there is an encroachment in the Kulam Poramboke in Survey No.55. It is the submission of the learned Government Advocate that the encroachers in the Kulam Poramboke will be vacated at the earliest.
7. It appears that the Tahsildar had already found encroachment and sent a letter dated 11.02.2021 to the fourth respondent to remove the encroachment.
8. In the light of the submissions of the learned counsels and also considering the prayer sought for in the Writ Petition, this Court without expressing any opinion on the merits of the matter, directs the fourth Page No.4 / 7 https://www.mhc.tn.gov.in/judis/ W.P. No.20596 of 2021 respondent to take action in accordance with law and remove the encroachment made in Survey No.55 at Thaluthalaimedu Village after affording ample opportunity to the necessary parties. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order.
9. With the above observation and directions, the Writ Petition is disposed of. No costs.
[M.K.K.S, J] [V.S.G., J]
24.09.2021
Speaking order: Yes/No
Index : Yes/No
pvs
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1. The District Collector, Collectorate Office, Ariyalur District.
2. The Revenue Divisional Officer, Udayarpalayam, Ariyalur District.
3. The Tahsildar, Jayankondam, Udayarpalayam Taluk, Ariyalur District.
4. The Block Development Officer, (Village Panchayat), Panchayat Union, Jayankondam, Ariyalur District.
5. The Assistant Executive Engineer, Construction and Maintenance, Highway Department, Jayankondam, Ariyalur District.
6. The Village Panchayat President, Thaluthalimedu Panchayat, Panchayat Union, Jayankondam, Ariyalur District.
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and V.SIVAGNANAM, J.
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