IMPORTANT POINT
Authorities are mandated to act on representations regarding encroachments on government land, ensuring timely removal of such encroachments to protect public property rights.

ORDER :

(R. Suresh Kumar, J.)

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment committed by the respondents 5 & 6 in property in Survey No.120 in Chinnasettipatti, Panthalkudi, Aruppukottai Taluk, Virudhunagar District.)

The prayer sought for herein is for a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment committed by the respondents 5 & 6 in property in Survey No.120 in Chinnasettipatti, Panthalkudi, Aruppukottai Taluk, Virudhunagar District.

2. Heard the learned Counsel for the petitioners and the learned Special Government Pleader appearing for the official respondents.

3. In view of the order going to be passed in this Writ Petition, notice to the private respondents is dispensed with.

4. The land in S.No.120 at Panthalkudi Village to the extent of 0.60.0 Hectares is concerned, it is a “Government Odai Poramboke”, wherein there had been encroachment by the private parties including private respondents herein. Therefore, on behalf of the village people they made a request to the revenue authorities who had also after having surveyed the land found out that at 2 feet width there has been an encroachment by the private parties and that was removed on 06.11.2020 and that position continued after some time.

5. When that being so, once again the very same private parties who are the respondents herein according to the petitioners have again encroached upon the property by putting up the fence. Therefore, in order to take action once again to remove the encroachment on behalf of the village people including the petitioners, they have given a detailed representation on 17.11.2022 and thereafter also they have been trying to get some information under the Right to Information Act, 2005. However, so far, the said representation dated 17.11.2022, has not been acted upon by the official respondents and therefore, at this juncture, the petitioners have moved the present writ petition with the aforesaid prayer.

6. Reiterating the aforestated, learned Counsel for the petitioners seeks indulgence of this Court.

7. Learned Special Government Pleader appearing for the official respondents would submit that the said representation of the petitioner dated 17.11.2022 made on behalf of the village people certainly would be given consideration and accordingly, if any further encroachment is made either by the private parties herein or any third parties, after surveying the land and after issuing notice to all of them, necessary action will be taken to remove the encroachment, if any found.

8. In view of the said submission made by the learned Special Government Pleader, this Court is inclined to dispose of this writ petition with the following order:

“that there shall be a direction to the fourth respondent to take immediate action on the representation of the petitioner dated 17.11.2022, after giving notice to the private respondents herein or any third parties who claim right over the property and have encroached upon the property and survey the land in their presence and if any encroachment is found, the same shall be removed in their presence within a period of two [2] months from the date of receipt of a copy of this order.”

9. Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.