Madras High Court
Indira vs The District Collector on 18 April, 2023
Author: D.Bharatha Chakravarthy
Bench: T.Raja, D.Bharatha Chakravarthy
W.P.No.11680 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.11680 of 2023
Indira .. Petitioner
Vs
1.The District Collector,
District Collectorate,
Kallakurichi District.
2.The Revenue Divisional Officer,
Kallakurichi Town & Taluk,
Kallakurichi District.
3.The Tahsildar,
Sankarapuram Taluk,
Kallakurichi District.
4.The Block Development Officer,
Block Development Office,
Kallakurichi District.
5.Anbazhagan .. Respondents
__________
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.P.No.11680 of 2023
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing respondents 1 to 4
to restore the Odai (Odai Poramboke) situated at Survey Nos.96/1 and
102 in Alathur Village, Sankarapuram Taluk, Kallakurichi District to its
original extent of 2.37.0 hectares in Sy.No.96/1 and 1.79.5 hectares in
Sy.No.102 respectively by removing the encroachments qua the
cartway admeasuring about 90 meters length and about 4 meters
width made therein by the fifth respondent.
For the Petitioner : Mr.Sharath Chandran
For the Respondents : Mr.P.Muthukumar
State Government Pleader
for respondents 1 to 4
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) Indira, wife of M.Asokan, a resident of Azhagapuram Village, Sankarapuram Taluk, Kallakurichi District, has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 to 4 to restore the Odai (Odai Poramboke) situated at Survey Nos.96/1 __________ Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.11680 of 2023 and 102 in Alathur Village, Sankarapuram Taluk, Kallakurichi District to its original extent of 2.37.0 hectares in Sy.No.96/1 and 1.79.5 hectares in Sy.No.102, respectively, by removing the encroachments qua the cartway admeasuring about 90 meters length and about 4 meters width made therein by the fifth respondent.
2. Mr.P.Muthukumar, learned State Government Pleader, taking notice on behalf of respondents 1 to 4, submitted that the respondent authorities have already measured the land in question and identified the encroachments, and if four weeks' time is granted, all the encroachments will be removed after issuance of notice to the encroachers and the odai shall be restored to its original position.
3. Recording the aforesaid submission made by learned State Government Pleader, this writ petition is disposed of with a direction to the respondent authorities to remove the encroachments over the land in question after issuance of notice to the encroachers and __________ Page 3 of 5 https://www.mhc.tn.gov.in/judis W.P.No.11680 of 2023 restore to the odai to its original position. The entire exercise is to be completed within a period of four weeks from the date of receipt of a copy of this order. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.)
18.04.2023
Index : No
Neutral Citation : No
sasi
To:
1.The District Collector,
District Collectorate,
Kallakurichi District.
2.The Revenue Divisional Officer, Kallakurichi Town & Taluk, Kallakurichi District.
3.The Tahsildar, Sankarapuram Taluk, Kallakurichi District.
4.The Block Development Officer, Block Development Office, Kallakurichi District.
__________ Page 4 of 5 https://www.mhc.tn.gov.in/judis W.P.No.11680 of 2023 THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) W.P.No.11680 of 2023 18.04.2023 __________ Page 5 of 5 https://www.mhc.tn.gov.in/judis