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2023 Supreme(Online)(Mad) 98236
MADRAS HIGH COURT
Honourable Mr Justice D.BHARATHA CHAKRAVARTHY
2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.01.2023 CORAM : THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.609
.609
Authorities have the power to remove encroachments on public land.
Headnote:
LAND ENCROACHMENT - REMOVAL - [WRIT PETITION] - High Court directed the authorities to conduct a survey of the land in question and remove the encroachments, if any, after issuing notice to the encroachers within six weeks from the date of receipt of a copy of the order.
Fact of the Case:
The petitioner filed a writ petition seeking a writ of mandamus to direct the respondents to consider his representation to remove the illegal encroachment put up by the respondents 6 to 9 in an embankment lake.
Finding of the Court:
The High Court directed the authorities to conduct a survey of the land in question and remove the encroachments, if any, after issuing notice to the encroachers within six weeks from the date of receipt of a copy of the order.
Issues: Encroachment on public land.
Ratio Decidendi: The High Court relied on the submission made by the learned State Government Pleader that if six weeks' time is granted to the respondent authorities, they will conduct a survey of the land in question and remove the encroachments, if any, after issuing notice to all concerned.
Final Decision: The High Court disposed of the writ petition with a direction to respondents 1 to 5 to conduct a survey of the land in question and remove the encroachments, if any, after issuing notice to the encroachers. The entire exercise shall be undertaken by the respondent authorities within a period of six weeks from the date of receipt of a copy of this order.
W.P.No.609 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.609 of 2023
M.Sudhakar
.. Petitioner
Vs
1 The District Collector
Office of District Collector
Thiruvallur, Thiruvallur District.
2 The District Revenue Officer
Office of District Revenue Officer
Thiruvallur, Thiruvallur District.
3 The Revenue Divisional Officer
Office of Revenue Divisional Officer
Tiruttani, Thiruvallur District.
4 The Thasildhar
Office of Thasildhar
Tiruttani, Thiruvallur District.
5 The Block Development Officer
Office of Block Development Officer
Thiruvallangadu
Thiruvallur District.
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W.P.No.609 of 2023
6 K.Gajendran
7 Allimuthu
8 M.Amutha
9 Jamuna
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing respondents 1 to 5
to consider petitioner's representation dated 30.12.2022 to remove
the 6th to 9th respondents' illegal encroachment in embankment lake
survey No.19/2, 20/2, 23, 26/3, 26/9, 26/9B, 26/9C, 26/10,
Kodivalli Village, Muthukondapuram Madura,
Tiruttani Taluk,
Thiruvallur District.
For the Petitioner
: Mr.C.Venkatesan
For the Respondents
: Mr.P.Muthukumar
State Government Pleader
for respondents 1 to 5
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice)
M.Sudhakar, son of Munuswamy, has filed this writ petition
seeking issuance of a writ of mandamus to direct respondents 1 to 5
to consider petitioner's representation dated 30.12.2022 to remove
the illegal encroachment put up by respondents 6 to 9 in embankment
lake Survey Nos.19/2, 20/2, 23, 26/3, 26/9, 26/9B, 26/9C,
26/10, Kodivalli Village, Muthukondapuram Madura, Tiruttani Taluk,
Thiruvallur District.
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W.P.No.609 of 2023
2. Mr.P.Muthukumar, learned State Government Pleader
appearing on behalf of respondents 1 to 5, submitted that if six weeks'
time is granted to the respondent authorities, they will conduct a
survey of the land in question and remove the encroachments, if any,
after issuing notice to all concerned.
3. Recording the aforesaid submission made by learned State
Government Pleader, this writ petition is disposed of with a direction to
respondents 1 to 5 to conduct a survey of the land in question and
remove the encroachments, if any, after issuing notice to the
encroachers. The entire exercise shall be undertaken by the
respondent authorities within a period of six weeks from the date of
receipt of a copy of this order. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.)
11.01.2023
Index
:
No
Neutral Citation :
No
sasi
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W.P.No.609 of 2023
To:
1 The District Collector
Office of District Collector
Thiruvallur, Thiruvallur District.
2 The District Revenue Officer
Office of District Revenue Officer
Thiruvallur, Thiruvallur District.
3 The Revenue Divisional Officer
Office of Revenue Divisional Officer
Tiruttani, Thiruvallur District.
4 The Thasildhar
Office of Thasildhar
Tiruttani, Thiruvallur District.
5 The Block Development Officer
Office of Block Development Officer
Thiruvallangadu
Thiruvallur District.
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W.P.No.609 of 2023
THE HON'BLE ACTING CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(sasi)
W.P.No.609 of 2023
11.01.2023
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