Madras High Court
K.Jeyavalli vs The District Collector on 28 October, 2022
W.P.(MD) No.22323 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
AND
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD)No.22323 of 2021
and
W.M.P.(MD)No.18877 of 2021
K.Jeyavalli,
W/o.Kannan, Panchayat President,
K.Alangulam Village Panchayat,
Sankarankoil Taluk, Tenkasi District. ... Petitioner
-Vs-
1.The District Collector,
Tenkasi District, Tenkasi.
2.The Revenue Divisional Officer,
Sankarankoil,
Tenkasi District.
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W.P.(MD) No.22323 of 2021
3.The Tahsildar,
Sankarankoil Taluk,
Tenkasi District.
4.The Block Development Officer,
Kuruvikulam Panchayat Union,
Tenkasi District.
5.The Sub Inspector of Police,
Kuruvikulam Police Station,
Tenkasi District.
6.Mariyappan
7.Kanagaraj
8.Manoharan
9.Ganesan
10.Kadarkarai ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue
a Writ of Mandamus, directing the respondents 1 to 4 to remove the
encroachments made by the respondents 6 to 10 in the petitioner's Village
Panchayat land in Survey No.67-1, K.Alangulam Village, Sankarankoil Taluk,
Tenkasi District by considering the petitioner's representation dated 01.12.2021.
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W.P.(MD) No.22323 of 2021
For Petitioner : Mr.S.Baskar Mathuram
For R1 to R4 : Mr.S.P.Maharajan
Special Government Pleader
For R5 : Mr.T.Senthilkumar
Additional Public Prosecutor
For R6,R8 & R10 : No Appearance
For R7 & R9 : Mr.M.Ramu
ORDER
[Order of the Court was made by R.MAHADEVAN, J.]
This Writ Petition has been filed for issuance of a Writ of Mandamus,
directing the respondents 1 to 4 to remove the encroachments made by the
respondents 6 to 10 in Survey No.67/1, K.Alangulam Village, Sankarankoil
Taluk, Tenkasi District, by considering the petitioner's representation dated
01.12.2021.
2.The case of the petitioner is that one Karuppasamy was the original
owner of the property in question and on 24.05.2008 he executed a gift deed in
favour of the Government of Tamil Nadu with certain conditions. As per the
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.22323 of 2021
said conditions, the property in question should be utilized for the welfare of the
village people. Since some private persons were trying to encroach the property
in question, a suit for injunction in O.S.No.56 of 2011 was filed by the President
of K.Alangulam Village Panchayat for permanent injunction in respect of the
subject property before the learned District Munsif, Sankarankovil and the same
was decreed by judgment and decree dated 02.12.2014. Even thereafter the
respondents 6 to 10 put up encroachments in the subject property. Therefore, the
petitioner made a complaint before the 5th respondent against the respondents 6
to 10 and thereafter made a representation dated 01.12.2021 to the respondents 1
to 4 seeking to remove the encroachments made by the respondents 6 to 10.
Since no action was taken, this Writ Petition is filed.
3.The learned Special Government Pleader appearing for the
respondents 1 to 4 would submit that the representation of the petitioner dated
01.12.2021 would be considered and appropriate action would be taken to
remove the encroachment in the place in question by due process of law, within a
time frame.
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W.P.(MD) No.22323 of 2021
4.In view of the above, this Court, without going into the merits of the
case, directs the authorities concerned to consider the representation of the
petitioner dated 01.12.2021 in the light of the judgment and decree made in
O.S.No.56 of 2011, dated 02.12.2014 and pass appropriate orders on merits and
in accordance with law. If there is any encroachment in the subject property, the
authorities concerned shall remove the same, after affording sufficient
opportunity to all the parties concerned and by following due process of law.
Such an exercise shall be completed within a period of eight (8) weeks from the
date of receipt of a copy of this order.
5.With the above direction, this Writ Petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
[R.M.D., J.] & [J.S.N.P., J.]
28.10.2022
Index : Yes / No
Internet : Yes / No
Myr
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.22323 of 2021
R.MAHADEVAN, J.
AND
J.SATHYA NARAYANA PRASAD, J.
Myr
To
1.The District Collector,
Tenkasi District, Tenkasi.
2.The Revenue Divisional Officer,
Sankarankoil,
Tenkasi District.
3.The Tahsildar,
Sankarankoil Taluk,
Tenkasi District.
4.The Block Development Officer,
Kuruvikulam Panchayat Union,
Tenkasi District.
5.The Sub Inspector of Police,
Kuruvikulam Police Station,
Tenkasi District.
W.P.(MD)No.22323 of 2021
28.10.2022
https://www.mhc.tn.gov.in/judis
