D.Syed Karimullah v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Syed Karimullah .. Petitioner vs 1.The District Collector, Villupuram District, Villupuram.

2.The Tahsildar, Gingee Taluk, Gingee, Villupuram District.

3.Sowhath Ali 4.Hussain .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 and 2 to remove the encroachments caused by the third and fourth respondents in Survey Nos.66/2 and 66/14 situated at Mel Edaiyalam Village, Gingee Taluk, Villupuram District by considering the petitioner's representation dated 1.9.2023.

For the Petitioner : Mr.C.Munusamy For the Respondents : Mr.C.Kathiravan Spl. Government Pleader for respondents 1 and 2

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.C.Munusamy, learned counsel for the petitioner; and, Mr.C.Kathiravan, learned Special Government Pleader for respondents 1 and 2.

2. The petitioner has given a representation regarding the removal of encroachment in Survey Nos.66/2 and 66/14 situated at Mel Edaiyalam Village, Gingee Taluk, Villupuram District.

3. On a perusal of the photograph annexed to the writ petition, it appears that it is not a case of encroachment, but a

nuisance.

4. The respondent authorities may consider the representation of the petitioner dated 1.9.2023 and take a decision on its own merits and in accordance with law within a period of six months.

5. With these observations, the writ petition stands disposed of. There shall be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 06.02.2024 Index :

Yes/No Yes/No bbr To 1.The District Collector, Villupuram District, Villupuram.

2.The Tahsildar, Gingee Taluk, Gingee, Villupuram District.

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

bbr 06.02.2024