Mandamus directs removal of encroachments on government poramboke land within 12 weeks after due process.

..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondent to remove the Encroachments in Santhai Medu, measuring an extent of 9 Acres and 66 cents comprised in T.S.No.1891, Sub-Division, No.1B, Block No. 35, Ward No.04 at Tiruvannamalai Town, Tiruvannamalai District in accordance with law and maintain the same free from any encroachments in view of the petitioner’s representation dated 02.03.2022.

For Petitioner : Ms.Paarkavi TV for Mr.J.Ashok For Respondents : Mr. R.Neethiperumal, Govt. Advocate for R1 Mr.T.Arunkumar, Addl. Govt. Pleader for R2 Mr.M.Gnanasekar for R4 R3 and R5 – No appearance

Order

(Order of the Court was made by S.M.Subramaniam J.)

The Writ of Mandamus has been instituted to direct the respondents 2 and 3 to remove the encroachments in Santhai Medu, measuring an extent of 9 Acres and 66 cents comprised in T.S.No.1891, Sub-Division, No.1B, Block No. 35, Ward No.04 at Tiruvannamalai Town, Tiruvannamalai District in accordance with law and maintain the same free from any encroachments in view of the petitioner’s representation dated 02.03.2022.

2. The learned Additional Government Pleader would submit that the Revenue Authorities conducted inspection and survey and identified encroachments in the Government Poramboke land. The 4^th respondent claims to be a licensee to run animal shelter, but he has encroached upon the Government land without any assignment. Therefore, all enforcement actions will be initiated.

3. The learned counsel for the 4^th respondent would submit that there is no encroachment.

4. If so, he is at liberty to submit his explanation/ documents, if any, to defend his case. Per contra, the Authorities found that the encroachments are identified. Therefore, they are bound to proceed with the enforcement actions and remove the encroachments by following the procedures as contemplated under the statute and Rules. The Municipality has to initiate all appropriate actions based on the report of the Revenue Authorities. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order