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Madras High Court

M.Arumugam vs The Sub Collector / Revenue Divisional ... on 29 August, 2019

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                                              W.P No.24150 of 2019

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED:29.08.2019

                                                       CORAM:

                                 THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                                 W.P No.24150 of 2019


                      M.Arumugam                                              ...Petitioner


                                                      .Vs.

                      1. The Sub Collector / Revenue Divisional Officer
                         Sub Collector / Revenue Divisional Office Complex,
                         Jakkampettai, Tindivanam
                         Villupuram District.
                      2. The Superintendent of Police
                         Superintendent of Police Office,
                         Villupuram, Villupuram District.
                      3. The Deputy Superintendent of Police
                         Deputy Superintendent of Police Office
                         Jayapuram, Tindivanam Town.
                      4. The Inspector of Police
                         Tindivanam Town Police
                         Tindivanam.                                          ...Respondents


                      PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
                      praying to issue a Writ of Mandamus directing the 4th Respondent to evict
                      the illegal trespasses from the property at Door No.12 and 13 Vanipillayar
                      Kovil Street, Tindivanam Town, pursuant to the proceedings of the 1st
                      respondent in Na.Ka.A.3/3550/2014 dated 30.11.2016 and consequential


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                                                                                W.P No.24150 of 2019

                      representation's dated 16.11.2016 and 04.12.2018 of the petitioner within
                      the time limit that may be fixed by this Court.


                                   For Petitioner            : Mr.Sasi Kumar
                                                              For Mr.T.M.Venkadesan

                                   For Respondents 1 to 4 : Mr.M.Mohamed Riyaz
                                                           Additional Public Prosecutor


                                                      ORDER

This writ petition has been filed seeking for a direction to the respondents to evict the trespassers in accordance with the proceedings of the 1st respondent dated 30.11.2016.

2. It is seen from the records that based on the complaint given by the petitioners, the 1st respondent by his proceedings dated 30.11.2016 directed the Tahsildar, Tindivanam and the Commissioner of the Municipality, Tindivanam, to take action and to report compliance after evicting the trespassers.

3. The grievance of the petitioner is that inspite of the direction given by the 1st respondent, no action has been taken and therefore, a representation was made to the 1st respondent on 04.12.2018, bringing to 2/4 http://www.judis.nic.in W.P No.24150 of 2019 his notice the earlier proceedings and requesting the 1st respondent to take action to evict the encroachers in the property.

4. Inspite of receiving the representation, no action has been taken till today and therefore, the petitioner has approached this Court seeking for appropriate directions.

5. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.

6. Taking into consideration the facts and circumstances of the case, the 1st respondent is directed to consider the representation made by the petitioner on 04.12.2018, on its own merits and in accordance with law and take suitable action within a period of six weeks from the date of receipt of copy of this order. As and when any action is taken to remove the encroachers, suitable protection shall be given by the 2nd respondent at the request made by the 1st respondent.

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uma

7. This writ petition is disposed of with the above direction. No cost.

29.08.2019 Internet: Yes Index : Yes/No Speaking/Non speaking order uma Note: Issue order copy on 30.08.2019 To

1. The Sub Collector / Revenue Divisional Officer Sub Collector / Revenue Divisional Office Complex, Jakkampettai, Tindivanam Villupuram District.

2. The Superintendent of Police Superintendent of Police Office, Villupuram, Villupuram District.

3. The Deputy Superintendent of Police Deputy Superintendent of Police Office Jayapuram, Tindivanam Town.

4. The Inspector of Police Tindivanam Town Police Tindivanam.

5. The Public Prosecutor High Court of Madras.

W.P.No.24150 of 2019 4/4

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