Madras High CourtWP/7352/2020disposed of

S.Ramasamy v. The District Collector,

2024-03-19Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2024 CORAM :

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

Petitioner Vs.

1. The District Collector Salem District.

2. The Tahsildar Office of the Tahsildar Attur, Salem District.

3. The Village Administrative Officer Ammampalayam Attur Taluk, Salem District.

4. Rajendran ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 3 to take appropriate action to remove the encroachment caused by the 4th respondent over the properties comprised in SF No.364/1 at Ammampalayam Village, Attur Taluk, Salem District by considering the

representation of the petitioner dated 17.10.2019 within an appropriate time.

For the Petitioner : Mr.R.Nalliyappan For the Respondents : Mr.C.Kathiravan Special Government Pleader for Respondents 1 to 3 No appearance for Respondent-4

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Nalliyappan, learned counsel for the petitioner and Mr.C.Kathiravan, learned Special Government Pleader for the respondents 1 to 3.

2. Learned counsel for the petitioner submits that the subject writ land is Tharisu. The fourth respondent is doing agricultural operation in the said land. The same is not permissible. The land in question is a non objectionable poramboke.

3. According to learned Special Government Pleader, there is no encroachment.

4. It is for the respondent authority to consider the said aspect and if encroachment exists, steps shall be taken accordingly.

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

(S.V.G., CJ.) (D.B.C., J.) 19.03.2024 Index :

Yes/No :

Yes/No kpl To

1. The District Collector Salem District.

2. The Tahsildar Office of the Tahsildar Attur, Salem District.

3. The Village Administrative Officer Ammampalayam Attur Taluk Salem District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 19.03.2024