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Madras High CourtWP/399/2022dismissed as infructuous

R.Vignesh v. The District Collector

2022-08-16Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Vignesh .. Petitioner vs

1. The District Collector,

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

3. The Commissioner of Panchayat Union, Kaveripattinam, Krishnagiri District.

4. The Block Development Officer, Village Panchayat, Panchayat Union, Kaveripattinam.

5. The Tahsildar, Taluk Office, Krishnagiri,

6. The Revenue Inspector, Periyamuthur Firka, No.113, Baleguli Village, Krishnagiri Taluk,

7. The Village Administrative Officer, No.113, Balekuli-2, Krishnagiri,

8. The Panchayat President, Balekuli Panchayat, Krishnagiri,

9. The Panchayat President, Erumampatti Panchayat, 10.Chinnasamy 11.Ponnan 12.Nagaraj .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1, 2 and 5 to take appropriate action as per G.O.(Ms)No.540 dated 04.12.2014 to remove the encroachment made in the poramboke lands comprised in Survey Nos.335, 366, 368/15 and 369/2 situated at Balekuli-2, Revenue Village, Krishnagiri Taluk, Krishnagiri District forthwith to enable the 4th respondent to lay Thar Road for 1 km at Balegulli Village, Krishnagiri Taluk and District by considering the petitioner's representation dated 26.11.2021.

For the Petitioner :

Mr.A.Ilayaperumal For the Respondents :

Mr.J.Ravindran Addl. Adv. General assisted by Mr.A.Selvendran Spl.G.P. for RR 1, 2, 5, 6 & 7 :

Mr.P.Muthukumar State Govt. Pleader assisted by Mr.Alagu Gowtham, Govt. Advocate for RR 3 and 4 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Learned State Government Pleader submits that all the encroachments from S.Nos.335, 366, 368/15 and 369/2 situated at Balekuli-2, Revenue Village, Krishnagiri Taluk, Krishnagiri District have been removed. It is submitted that out of the four survey numbers given above, the encroachment was in fact in only two survey numbers.

2. Learned counsel for the petitioner has shown satisfaction of the action, however, submitted that there is a threat to his life from the encroachers. He may seek appropriate protection in accordance with law. However, so far as this petition is concerned, finding that action has already been taken pursuant to the prayer made by the petitioner, it is ordered to be dismissed as rendered infructuous. No costs.

(M.N.B., CJ.) (D.B.C., J.) 16.08.2022 Index : Yes/No sra

To:

1. The District Collector,

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

3. The Commissioner of Panchayat Union, Kaveripattinam, Krishnagiri District.

4. The Block Development Officer, Village Panchayat, Panchayat Union, Kaveripattinam.

5. The Tahsildar, Taluk Office, Krishnagiri,

6. The Revenue Inspector, Periyamuthur Firka, No.113, Baleguli Village, Krishnagiri Taluk,

7. The Village Administrative Officer, No.113, Balekuli-2, Krishnagiri,

8. The Panchayat President, Balekuli Panchayat, Krishnagiri,

9. The Panchayat President, Erumampatti Panchayat, M.N.Bhandari, CJ.

and D.Bharatha Chakravarthy, J.

(sra) 16.08.2022