Madras High CourtWP/5485/2023disposed of

P.Ashok Kumar v. Executive Engineer

2023-09-25Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.Ashok Kumar : Petitioner versus 1.The Executive Engineer, Operation and Maintenance, T.N.E.B., Sholingur, 2.The Tahsildar, Taluk Office, 3.The Block Development Officer, Sholingur Union Panchayat, 4.ABI-Showatech (India) Ltd., No.2, Pulivalama Village & Post, Banavaram (via) Ranipet 632 505 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 28.07.2022 in respect of land comprised in S.No.654 measuring 2.85 acres of Pulivalam Village, Sholingur Taluk, pending on the file of 1st respondent.

For the Petitioner :

No appearance

For Respondent No.1 :

Mr.S.Madhusudanan For Respondents 2 & 3 :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Spl.G.P.

For Respondent No.4 :

Mr.Anirudh Krishnan

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner.

2. We have heard Mr.S.Madhusudanan, learned counsel for the first respondent, Mr.P.Muthukumar, learned State Government Pleader, for respondents 2 and 3 and Mr.Anirudh Krishnan, learned counsel for the fourth respondent.

3. Mr.P.Muthukumar, learned State Government Pleader, submits that pursuant to the representation of the petitioner, survey was conducted by the Tahsildar and some encroachments were found. The survey report has been forwarded to the first respondent.

4. The learned counsel for the first respondent submits that the first respondent has instructed the fourth respondent to act as per the report of the

Tahsildar.

5. The learned counsel for the fourth respondent submits that no encroachment has been made by the fourth respondent.

6. Whether the encroachment exists or not, has to be decided by the authorities concerned, upon the survey being made. If the encroachment exists, as per the report, then, the District Collector and/or such other competent authority shall take further steps in accordance with law, expeditiously.

7. The writ petition stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (P.D.A., J.) 25.09.2023 Index : Yes/No : Yes/No tar To 1.The Executive Engineer, Operation and Maintenance, T.N.E.B., Sholingur, 2.The Tahsildar, Taluk Office, 3.The Block Development Officer,

Sholingur Union Panchayat, THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar)

25.09.2023