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Madras High CourtWP/3773/2024disposed of

T.Kaliappan, v. The District Collector,

2024-02-19Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY T.Kaliappan .. Petitioner Vs 1.The District Collector, Dharmapuri, 2.The District Revenue Officer, Dharmapuri, 3.The Revenue Divisional Officer, Dharmapuri, 4.The Tahsildar, Dharmapuri, 5.The Deputy Tahsildar, Dharmapuri,

6.The Village Administrative Officer, Mittanulahalli Post, 7.K.Vijaya .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 6 to stop the construction work being made by the seventh respondent and also demolish the constructed work carried out in the land encroached public common path in S.No.382/42, Mukkanaickenhalli, Dharmapuri Taluk, District.

For the Petitioner : Mr.A.Elamparithi For the Respondents : Mr.Abishek Murthy Government Advocate for respondents 1 to 6

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.A.Elamparithi, learned counsel for the petitioner; and, Mr.Abishek Murthy, learned Government Advocate for respondents 1 to 6.

2. Directions are sought against the seventh respondent with regard to her construction.

3. According to learned counsel for the petitioner, the construction put up by the seventh respondent is in the public common path comprised in Survey No.382/42, Mukkanaickenhalli, Dharmapuri Taluk and District.

4. A status report is filed by the Tahsildar, Dharmapuri. It states that the disputed lands are government lands. The survey was conducted on 22.8.2023 and 8.9.2023. It is further stated that the respondent authorities would follow the procedure under the Tamil Nadu Land Encroachment Act, 1905 to remove the illegal construction made by the seventh respondent within a period of two months.

5. In view of the said statement, no orders are necessary to be passed in the writ petition.

The writ petition is disposed of accordingly. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 19.02.2024 Index :

Yes/No Yes/No sasi To 1.The District Collector, Dharmapuri, 2.The District Revenue Officer, Dharmapuri, 3.The Revenue Divisional Officer, Dharmapuri, 4.The Tahsildar, Dharmapuri, 5.The Deputy Tahsildar, Dharmapuri, 6.The Village Administrative Officer, Mittanulahalli Post,

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 19.02.2024