Mathubalan v. The District Collector

ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition on hand has been instituted to direct the Respondent Nos.1 to 4 to remove the encroachment made by the respondents 5 and 6 in the Natham Poramboke Land in Survey Nos. 539/7, 539/8, 539/9 and 539/10, situated at Perumalpatti village, Lingavadi, Natham Taluk, Dindigul District, by considering the petitioner's representation dated 24.07.2023.

¶2By consent of both sides, this Writ Petition is taken up for final hearing at the admission stage itself. In view of the order proposed to be passed in this Writ Petition, protecting the interest of the respondents 5 and 6 also, notice to the respondents 5 and 6 is dispensed with.

¶3The grievances of the writ petitioner is that the poramboke lands are encroached upon by few private individuals and the complaint submitted by the petitioner has not been respondented. Thus, the petitioner is constrained to move the present Writ Petition.

¶4Learned Government Advocate appearing for the respondents 1 to 4 made a submission that based on the complaint given by the petitioner, action was initiated and notice was issued to the encroachers.

¶5It is needless to state that if there is a dispute of civil nature between private individuals, then the authorities are bound to relegate them to approach the competent Civil Court of law. If the Government poramboke lands are encroached upon, then actions are to be initiated to evict the encroachers, by following the procedures as contemplated under relevant statutes, within a period of twelve weeks from the date of receipt of a copy of this order.

¶6With the above observations, this Writ Petition stands disposed of. No costs. [S.M.S.J.,] & [V.L.N.J.,] NCC :Yes/No

10.10.2023 Index :Yes/No SJ To

1.The District Collector, District Collector Office, Dindigul District.

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Tahsildar, Natham, Dindigul District.

4.The Block Development Officer, Village Union Panchayat Office, Natham, Dindigul District.

S.M.SUBRAMANIAM, J. AND

V. LAKSHMINARAYANAN, J. SJ

10.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2023 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Mathubalan ...Petitioner -Vs.- 1.The District Collector, District Collector Office, Dindigul District. 2.The Revenue Divisional Officer, Dindigul, Dindigul District. 3.The Tahsildar, Natham, Dindigul District. 4.The Block Development Officer, Village Union Panchayat Office, Natham, Dindigul District. 5.Chandran 6.Selvaraj ...Respondents PRAYER:- Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a Writ of Mandamus, to direct the Respondents Nos.1 to 4 to remove the encroachment made by the 5th and 6th Respondents, in the Natham Porambok Land in Survey Nos.539/7, 539/8, 539/9 and 539/10 situated at Perumalpatti village, Lingavadi, Natham Taluk, Dindigul District by consider the Petitioner's representation dated 24.07.2023. For Petitioner : Mr.A.Uthaya Kumar For Respondents : Mr.M.Senthil Ayyanar Government Advocate for R1 to R4 ****