Madras High Court
Vadivelu vs The District Collector on 9 January, 2017
Bench: A.Selvam, P.Kalaiyarasan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2017 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.13850 of 2011 Vadivelu .. Petitioner Vs. 1.The District Collector, Theni District. 2.The Tashildhar, Andipatti Taluk, Theni District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first and second respondents to retrieve the panchami land bearing Survey Nos.1541, 1542, 1543 situated in Andipatti Village, Andipatti Taluk, Theni District from encroachment by taking into account the representation dated 18.08.2011. !For Petitioner : M/s.A.Rajini For Respondents : Mr.D.Muruganandam, Additional Government Pleader. :ORDER
[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to remove encroachments alleged to have been made in Survey Nos.1541, 1542 and 1543, Andipatti Village, Andipatti Taluk, Theni District, by way of issuing a writ of mandamus.
2.It is averred in the petition that the petitioner is a resident of Mekilarpatti Village, Andipatti Taluk, Theni District. Further it is averred in the petition that Survey Nos.1541, 1542 and 1543 are nothing, but panchami lands, wherein certain encroachments have been made. Under the said circumstances, a representation has been given on 18.08.2011. But the concerned authorities have not passed any order and therefore the present writ petition has been filed for getting the relief sought therein.
3.The learned counsel appearing for the petitioner has contended to the effect that the lands mentioned in the petition are nothing, but panchami lands and the same has been shown even in the revenue records, but there are so many encroachments in the said survey numbers and a representation has been given on 18.08.2011, but no fruitful action has come out and therefore the present writ petition has been filed for getting the relief sought therein.
4.The learned Additional Government Pleader appearing for the respondents has contended to the effect that the lands mentioned in the petition are originally panchami lands and during Updating Register Scheme, its classification has been changed.
5.It is seen from the records that the survey numbers mentioned in the petition have been shown as panchami lands. Since the survey numbers mentioned in the petition are nothing, but panchami lands and since the main contention putforth on the side of the petitioner is that there are encroachments, this Court is of the view to direct the second respondent to remove the same. With the above observation, this writ petition is liable to be allowed.
6.In fine, this writ petition is allowed without costs and the second respondent viz., Tahsildar, Andipatti Taluk is strictly directed to remove encroachments alleged to have been made in the survey numbers mentioned in the petition within a period of two months under due process of law.
To
1.The District Collector, Theni District.
2.The Tashildhar, Andipatti Taluk, Theni District..