Madras High Court
M.A.Dakshnamurthy vs The District Collector on 13 March, 2023
Author: D.Bharatha Chakravarthy
Bench: T.Raja, D.Bharatha Chakravarthy
W.P.No.7624 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.7624 of 2023
M.A.Dakshnamurthy .. Petitioner
Vs
1. The District Collector
Villupuram.
2. The Sub Collector
Tindivanam.
3. The Tahsildar
Tindivanam.
4. The Block Development Officer
Olakur Panchayat Union
Tindivanam Taluk, Tindivanam.
5. The Village Administrative Officer
Neikuppi Village, Tindivanam Taluk
Tindivanam.
6. The Sub Inspector of Police
Vellimedupettai, Tindivanam Taluk
Villupuram District.
__________
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.P.No.7624 of 2023
7. Kottiswaran
8. Elumalai
9. Selvakumar .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing respondents 1 to 5
to remove the illegal encroachment over Survey No.41 of Neikuppi
Village, Tindivanam Taluk within a stipulated time.
For the Petitioner : Mr.G.Baskar
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) M.A.Dakshnamurthy, a practising advocate, has filed this writ petition seeking issuance of a writ of mandamus to direct respondents 1 to 5 to remove the illegal encroachment over Survey No.41 of Neikuppi Village, Tindivanam Taluk.
2. Mr.G.Baskar, learned counsel appearing for the petitioner, would submit that respondents 7 to 9 have illegally encroached the __________ Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.7624 of 2023 land comprised in Survey No.41 of Neikuppi Village, Tindivanam Taluk, due to which the petitioner is unable to access his land. The petitioner sent representations to the respondent authorities on 5.12.2022 and 30.12.2022. As the said representations did not evoke any response, the petitioner has been advised to file the present writ petition.
3. Mr.P.Muthukumar, learned State Government Pleader appearing on behalf of respondents 1 to 4, submitted that if six weeks' time is granted to the respondent authorities, they will conduct a survey of the lands in question and thereafter remove the encroachments.
4. Recording the aforesaid submission made by learned State Government Pleader, the writ petition is disposed of with a direction to the respondent authorities to conduct a survey of the lands in question with the assistance of the jurisdictional Surveyor and, if any encroachment is found, the same shall be removed after notice to the encroachers. The entire exercise is to be completed within a __________ Page 3 of 5 https://www.mhc.tn.gov.in/judis W.P.No.7624 of 2023 period of six 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.)
13.03.2023
Index : No
Neutral Citation : No
sasi
To:
1. The District Collector
Villupuram.
2. The Sub Collector
Tindivanam.
3. The Tahsildar
Tindivanam.
4. The Block Development Officer Olakur Panchayat Union Tindivanam Taluk, Tindivanam.
5. The Village Administrative Officer Neikuppi Village, Tindivanam Taluk Tindivanam.
6. The Sub Inspector of Police Vellimedupettai, Tindivanam Taluk Villupuram District.
__________ Page 4 of 5 https://www.mhc.tn.gov.in/judis W.P.No.7624 of 2023 THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) W.P.No.7624 of 2023 13.03.2023 __________ Page 5 of 5 https://www.mhc.tn.gov.in/judis