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Madras High CourtWP/541/2024disposed of

M.Jeyalakshmi v. The District Collector

2024-03-06Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Jeyalakshmi ..

Petitioner Vs.

1. The District Collector Erode District, Erode.

2. The Divisional Engineer State Highways Department Construction and Maintenance Division Gopichettypalayam, Erode.

3. The Assistant Divisional Engineer State Highways Department Construction and Maintenance Division Gopichettypalayam, Erode.

4. The Tahsildar Gopichettypalayam, Erode.

5. Muthusamy Manager of Arasamarathu Vinayagar Kovil Murugan Kudil, Kallipatti

Erode 639 505.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus to direct the respondent no.2 to remove the encroachment of religious structure namely Arasamarathu Vinayagar Kovil situated at survey no. R.S.No.303 of Kondayampalayam Village, thereby blocking access to the petitioner's property in old survey no. S.F.No.454/6, new survey no. R.S.No.296/2 of Kondayampalayam village within a timeframe fixed by this Hon'ble Court.

For the Petitioner : Mr.B.M.Subash For the Respondents : Mr.P.Harish Government Advocate for Respondents 1 to 4

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.B.M.Subash, learned counsel for the petitioner and Mr.P.Harish, learned Government Advocate for the respondents 1 to 4.

2. Learned Government Advocate submits that survey was conducted on 29.01.2024 and on survey, it is found that the petitioner

as well as the fifth respondent temple have encroached partially on the highway. He submits that effective steps would be undertaken to remove the encroachment in accordance with law.

3. In view of the above statement, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 06.03.2024 Index :

Yes/No :

Yes/No kpl To

1. The District Collector Erode District, Erode.

2. The Divisional Engineer State Highways Department Construction and Maintenance Division Gopichettypalayam, Erode.

3. The Assistant Divisional Engineer State Highways Department Construction and Maintenance Division Gopichettypalayam, Erode.

4. The Tahsildar, Gopichettypalayam, Erode.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 06.03.2024