The jurisdictional Tahsildar is the competent authority to conduct surveys and execute the removal of encroachments on government poramboke land, as administrative functions involving coercive measures cannot be delegated to the Block Development Officer.

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, by calling for the records pertaining to the impugned recommendation made by the 3rd respondent to the 2nd respondent for conversion of classification of Survey No.93 which is a road poramboke to Natham Poramboke and to issue patta in the name of encroachers in Na.Ka.No.4181/2019/A3 dated 06.07.2021 and set aside and consequently directing the respondents 1 to 3 remove the encroachments made by respondents 4 to 13 in Survey No.93 of Kallanthiri I bit Village, Madurai East Taluk, Madurai and thus render justice.

For Petitioner : No Appearance

For Respondents : Mr.M.Kannan

Government Advocate

for R.1 to R.3

Mr.J.Lawrance

for R.4, R.5, R.7 & R.9 to R.12

No Appearance for R.6 & R.8

R.13 - Died

ORDER

(Order of the Court was made by G.R.Swaminathan J.)

None appears for the writ petitioner. Heard the learned Government Advocate appearing for the respondents 1 to 3 and the learned counsel appearing for the respondents 4, 5, 7 and 9 to 12.

2.It is seen that the third respondent has issued the impugned communication dated 06.07.2021 calling upon the jurisdictional Block Development Officer to take action for the removal of the encroachment. We fail to under as to how the Block Development Officer can take coercive action in the matter. It is only the third respondent who has to take action.

3.We direct the third respondent to conduct survey after issuing notice to all the concerned parties including the petitioner herein. If the third respondent is satisfied that there are encroachments, the same shall be removed by adopting due process of law. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

4.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.