S.Karunanithi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Karunanithi .. Petitioner Vs 1.The District Collector, O/o The District Collector, 2.The District Revenue Officer, O/o The District Revenue Office, 3.The Revenue Divisional Officer, O/o The Revenue Divisional Office, 4.The Tahsildar, O/o The Tahsildar,

5.The Village Administrative Officer, O/o The Village Administrative Office, Sikkarayapuram Village, 6.S.Karthikeyaan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing first respondent to consider the petitioner's representation dated 5.12.2022 and further direct the first respondent to take appropriate action and remove the encroachment in Survey No.13/3A1B, Sikkaragapuram Village, Kundrathur Taluk made by the 6th respondent based on the representation of the petitioner dated 5.12.2022. For the Petitioner : No Appearance For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 to 5

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) S.Karunanithi, son of Shanmugam, a resident of Sikkaragapuram Village, Chennai, has filed this writ petition seeking issuance of a writ of mandamus to direct the first respondent to consider the petitioner's representation dated 5.12.2022 and further

direct the first respondent to take appropriate action and remove the encroachment in Survey No.13/3A1B, Sikkaragapuram Village, Kundrathur Taluk, made by the 6th respondent based on the representation of the petitioner dated 5.12.2022.

2. Mr.P.Muthukumar, learned State Government Pleader appearing on behalf of respondents 1 to 5, placing on record the written instructions, submitted that the land of an extent of 0.01.00 Ares in Survey No.13/3A1B is classified as "Ryotwari Punjai" and patta has also been granted in favour of a third party and there is no encroachment as alleged by the petitioner.

3. In view of the above submission made by learned State Government Pleader, we do not find any merit in the writ petition. The writ petition is, accordingly, dismissed. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 08.03.2023 Index :

No No

sasi To:

1.The District Collector, O/o The District Collector, 2.The District Revenue Officer, O/o The District Revenue Office, 3.The Revenue Divisional Officer, O/o The Revenue Divisional Office, 4.The Tahsildar, O/o The Tahsildar, 5.The Village Administrative Officer, O/o The Village Administrative Office, Sikkarayapuram Village,

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

(sasi) 08.03.2023