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Madras High CourtWP/2734/2024disposed of

R.Manikumar v. The District Collector

2024-02-08Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Manikumar : Petitioner versus 1.The District Collector, Perambalulr District 621212 2.The District Revenue Officer, Perambalulr District 621212 3.The Revenue Divisional Officer, Perambalulr District 621212 4.The Tahsildar, Veppanthattai Taluk, Perambalulr District 621103 5.The Revenue Inspector, Pasumbalur Pirka, Veppanthattai Taluk, Perambalulr District 621117 6.The Block Development Officer, Veppanthattai Panchayat Union Veppanthattai Taluk, Perambalulr District 621103 7.The Deputy Superintendent of Police Sub Division, Mangalamedu, Perambalur District

8.N.Ponnusamy Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 4 and 5 to execute the Section 7 notice issued by the 5th respondent under the Tamil Nadu Land Encroachment Act, 1905 on 11.03.2023 and following the eviction procedure in the public pathway & burial ground are using by the petitioner & public in S.Nos.321/11, 19, 322 & 323, 323/1, 324/1&2, situate at Ayynarpalaiyam Village under the Revenue Village of Pillangulam, Veppanthattai Taluk, Perambalur District.

For Petitioner :

Mr.T.Velu For Respondents 1 to 6 :

Mr.C.Kathiravanan, Special Government Pleader For Respondent No.7 :

Mr.A.Gokulakrishnan, Additional Public Prosecutor

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.T.Velu, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader, appearing for respondents 1 to 6 and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for respondent No.7.

2. Encroachment is alleged by the eighth respondent on public pathway and burial ground.

3. Learned Special Government Pleader, on instructions, submits that in case encroachment is found on the writ land, steps would be taken in accordance with law and as per procedure, within a period of three months.

4. In view of the said statement, we are not passing any further orders. The writ petition stands disposed of. There shall be no order as to costs. Consequently, WMP No.3008/2024 is closed. (S.V.G., CJ.) (D.B.C., J.) 08.02.2024 Index : Yes/No : Yes/No tar To 1.The District Collector, Perambalulr District 621212 2.The District Revenue Officer, Perambalulr District 621212 3.The Revenue Divisional Officer, Perambalulr District 621212 4.The Tahsildar, Veppanthattai Taluk, Perambalulr District 621103

5.The Revenue Inspector, Pasumbalur Pirka, Veppanthattai Taluk, Perambalulr District 621117

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

(tar) 6.The Block Development Officer, Veppanthattai Panchayat Union Veppanthattai Taluk, Perambalulr District 621103 7.The Deputy Superintendent of Police Sub Division, Mangalamedu, Perambalur District 08.02.2024