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High CourtsDivision Bench(2021) 11 MAD CK 0021

S.Karuppaiah vs District Collector And Others

Madras High Court · Decided on 15 November 2021

HON’BLE JUDGES
Pushpa Sathyanarayana, J · P.Velmurugan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (MD) No. 20393 Of 2021, Writ Miscellaneous Petition (MD) No.17042, 17043, 17044 Of 2021

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Judgment

10 paragraphs · 329 words

Pushpa Sathyanarayana, J

1.

The writ petitioner has challenged the notice issued under the Tamil Nadu Land Encroachment Act, 1905, by the fourth respondent/Assistant Divisional Engineer, Highways (Construction & Maintenance), Srivilliputhur, calling upon the petitioner to vacate and handover the premises in his occupation within 15 days. The said encroachment drive is based on the order dated 07.06.2021, passed by a Division Bench of this Court in W.P.(MD) No.5357 of 2021 (K.Govindaraju v. The District Collector, Virudhunagar District and four others).

2.

Mr.M.Siddharthan, learned Additional Government Pleader, accepts notice on behalf of respondents.

3.By consent of both sides, this Writ Petition itself is taken up for final disposal at the time of admission.

4.The petitioner is owning a small petty shop, which is not on the water body and the same is situated on the Tar Road maintained by the 2nd and 3rd respondents, according to the petitioner. However, it is also an encroachment.

5.Learned Additional Government Pleader appearing for the respondents, on instructions, submitted that there were several persons, who are facing eviction, and they have all approached the authorities either seeking patta or for an alternative site, however, the petitioner has not approached the authorities after notice was issued on him.

6.Learned counsel for the petitioner submitted that the petitioner has also made a representation to the District Collector for issuance of patta or alternative site before dispossessing him.

7.If such representation is pending or if the petitioner gives a fresh representation to the authorities within one week from the date of receipt of a copy of this order, the same shall be considered by the respondents on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. Till such time, the petitioner's possession should not be disturbed.

8.The Writ Petition stands disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petitions are closed.

9.For reporting compliance, post the matter on 20.12.2021.