A.Vinothkumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Vinothkumar .. Petitioner vs 1.The District Collector, Erode District, Erode.

2.The Thasildar, Taluk Office, Kodumudi Taluk, Erode District.

3.The Executive Officer, Unjalur Town Panchayat, Unjalur, Kodumudi Taluk, Erode District.

4.Nagalakshmi 5.Manivannan 6.Santhanam .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to

3 to remove the encroachment made by the respondents 4 to 6 in S.No.238/18, Unjalur Village, Kodumudi Taluk, Erode District based on the survey report dated 12.10.2023 in Na.Ka.No.2526/2023/C1 along with sketch, by considering the representation dated 7.11.2023 consequently retrieve the said land.

For the Petitioner : Mr.V.Regunathan For the Respondents : Mr.C.Kathiravan Spl. Government Pleader for respondents 1 and 2 : Mr.R.Siddharth Government Advocate for respondent No.3 : Mr.Amudha Ganesh for respondents 4 to 6

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.V.Regunathan, learned counsel for the petitioner; Mr.C.Kathiravan, learned Special Government Pleader for respondents 1 and 2; Mr.R.Siddharth, learned Government Advocate for respondent No.3; and, Mr.Amudha Ganesh, learned counsel for respondents 4 to 6.

2. Learned Special Government Pleader, on instructions, submits that, pursuant to the survey report, further steps would be taken expeditiously for removal of the encroachment.

3. While doing so, a decision also be taken by the authorities on the representations submitted by respondents 4 and 5 herein as per the order of a Division Bench of this Court dated 28.12.2023 in W.P.No.36375 of 2023 [V.Manivannan v. The District Collector, Erode District and others] and dated 28.12.2023 in W.P.No.36417 of 2023 [K.Nagalakshmi v. The District Collector, Erode District and others].

4. 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.) 07.02.2024 Index :

Yes/No :

Yes/No bbr

To 1.The District Collector, Erode District, Erode.

2.The Thasildar, Taluk Office, Kodumudi Taluk, Erode District.

3.The Executive Officer, Unjalur Town Panchayat, Unjalur, Kodumudi Taluk, Erode District.

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

bbr 07.02.2024