Madras High Court
Veeraputhiran vs The District Collector on 3 October, 2023
W.P.(MD).No.19172 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.10.2023
CORAM
THE HON'BLE MR JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR JUSTICE V.LAKSHMINARAYANAN
W.P.(MD).No.19172 of 2023
Veeraputhiran .. Petitioner
Vs.
1.The District Collector,
Virudhunagar District.
2.The Tahsildar,
Watrap,
Virudhunagar District.
3.The Executive Officer,
Watrap Town Panchayat,
Virudhunagar District.
4.Sundarasamy .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
to issue a writ of Mandamus, directing the respondents Nos.1 to 3 to remove
the encroachments and unauthorized construction made by the fourth
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W.P.(MD).No.19172 of 2023
respondent in Survey No.1643/2010, Watrap Village and Taluk,
Virudhunagar District within time stipulated by this Court.
For Petitioner : Mr.R.M.Arun Swaminathan
For Respondents : Mr.T.Amjad Khan
Government Advocate for R-1 to R-3
R-4 died
ORDER
(Order of the Court was made by V.LAKSHMINARAYANAN,J.)
The present Writ Petition is filed seeking for a writ of Mandamus,
directing the respondents 1 to 3 to remove the encroachments and
unauthorised construction in Survey No.1643/2010, Watrap Village and
Taluk, Virudhunagar District.
2. The petitioner claims that his house is situated in Survey Nos.
1643/11, 12, 13, 14 and Survey No.1643/10 is a Government poromboke
land (padhai). The fourth respondent, one Sundarasamy, had filed a civil
suit in O.S.No.123/2009 on the file of the District Munsif Court,
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W.P.(MD).No.19172 of 2023
Srivilliputhur for permanent injunction and the said suit was dismissed on
15.04.2009. The fourth respondent had also filed a suit in O.S.No.412/2010
on the file of the Additional District Munsif, Srivilliputhur, seeking for
declaration and permanent injunction, which was dismissed on 24.02.2012.
Against the said judgment and decree, the fourth respondent preferred an
appeal in A.S.No.20/2015 on the file of the Additional Sub Court,
Srivilliputhur, which was also dismissed on 21.11.2022. The subject land in
Survey No.1643/2010 belongs to the Government. The petitioner seeks the
encroachment made by the fourth respondent to be removed.
3. Today, when the matter was taken up for hearing, the learned
Government Advocate appearing for the respondents 1 to 3 produced a copy
of the proceedings of the Executive Officer, Watrap Town Panchayat,
Virudhunagar District/third respondent, dated 29.09.2023, wherein, he has
stated that when the State authorities went to remove the encroachments in
the subject land, they came to know that the fourth respondent had passed
away. Therefore, they were not in a position to proceed further with the
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W.P.(MD).No.19172 of 2023
removal of encroachment. However, they had given a categorical statement
that on 12.10.2023, they will proceed further with the removal of
encroachment and complete the same. The said statement of the Executive
Officer/third respondent is taken on record.
4. Accordingly, this Writ Petition stands disposed of, by directing the
respondents 1 to 3 to remove the encroachments made in the public pathway
as per their statement on 12.10.2023 and complete the same within a period
of four (4) weeks from the date of receipt of a copy of this order. There
shall be no order as to costs.
(S.M.S.,J.) (V.L.N.,J.)
03.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Lm
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.19172 of 2023
To
1.The District Collector,
Virudhunagar District.
2.The Tahsildar,
Watrap,
Virudhunagar District.
3.The Executive Officer,
Watrap Town Panchayat,
Virudhunagar District.
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W.P.(MD).No.19172 of 2023
S.M.SUBRAMANIAM,J.
and
V.LAKSHMINARAYANAN,J.
Lm
W.P.(MD).No.19172 of 2023
03.10.2023
https://www.mhc.tn.gov.in/judis
