M.O.Mayavel v. The District Collector, The District Collector Office, Theni District, Theni.2.The Divisional Engineer
Case at a glance
Provisions considered
- Constitution of India art. 226
Judgment
1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 11.07.2011CORAM:THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJAandTHE HONOURABLE MR.JUSTICE M.M.SUNDRESHWrit Petition(MD)No.7413 of 2011M.O.Mayavel..Petitioner Vs.1.The District Collector, The District Collector Office, Theni District, Theni.2.The Divisional Engineer, Highways Department, Theni. .. RespondentsWrit Petition filed under Article 226 of the Constitution of Indiafor issuance of a writ of mandamus directing the respondents to takeappropriate action by way of removing the encroachment in GovernmentPoromboke land in respect of Survey No.2181 in ThimmarasanaickanurVillage, Andipatti Taluk, Theni District. For Petitioner: Mr.V.VakeeswaranFor Respondents: Mr.C.Ramesh, Additional Govt. PleaderO R D E R(Order of the Court was made by M.M.SUNDRESH, J.)The petitioner has filed this writ petition to direct therespondents to take appropriate action by way of removing theencroachment in Government Poromboke land in respect of Survey No.2181 inThimmarasanaickanur Village, Andipatti Taluk, Theni District. 2.The grievance of the petitioner is that in spite of therepresentations made to the respondents 1 and 2, the eviction by way ofremoving the encroachments made by various persons in the GovernmentPoromboke land in Survey No.2181 in Thimmarasanaickanur Village, Andipatti Taluk, Theni District, has not been done.3.When the matter has been taken up today for hearing, a counteraffidavit has been filed by the second respondent stating that noticeshave been issued on 27.06.2011 to 42 encroachers in the AndipattiJayamangalam Road. As per the said notices, encroachers have beendirected to vacate the encroached land on or before 12.07.2011. It hasbeen further stated that appropriate steps will be taken after 12.07.2011as per the notices issued on 27.06.2011.4.In view of the submission made by the second respondent in thecounter affidavit filed, nothing survives in the writ petition as therespondents have taken appropriate steps. Accordingly, the writ petitionis dismissed. No costs. https://hcservices.ecourts.gov.in/hcservices/
#25. It is made clear that the respondents will have to take follow-upaction and evict the encroachers in the manner known to law. Sd/-Assistant Registrar (AE)/True Copy/Sub Assistant Registrar [KMTo1.The District Collector, The District Collector Office, Theni District, Theni.2.The Divisional Engineer, Highways Department, Theni. +1cc to Special Government Pleader, SR.NO.22611GH : 26.07.2011 : 2p/4c W.P.(MD)No.7413 of 2011 11.07.2011
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