C.Muthusamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Muthusamy .. Petitioner vs 1.The District Collector, Perambalur District, Perambalur.

2.The District Revenue Officer, Perambalur District, Perambalur.

3.The Revenue Divisional Officer, Perambalur, 4.The Tahsildar, Veppanthattai Taluk, 5.The Assistant Executive Engineer, PWD-cum-Water Resources Department, Marudhaiyaru Basin Sub Division, Perambalur.

6.Chelladurai .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 4 to remove the encroachments made by the 6th respondent on the lands comprised in Survey No.33 and 34/5 situated at Periyavadakarai Village, Veppanthattai Taluk, Peramblur District which is classified as Odai Poramboke and G.D.Tharisu land based on the communication made by the fourth respondent dated 6.1.2023 in Na.Ka.No.A2/7170/2021 addressed to the fifth respondent. For the Petitioner : Mr.C.Prabakaran For the Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.K.Karthik Jagannath Government Advocate for respondents 1 to 5

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.C.Prabakaran, learned counsel for the petitioner; and, Mr.A.Edwin Prabakar, learned State Government Pleader, assisted by Mr.K.Karthik Jagannath, learned Government Advocate for respondents 1 to 5.

2. Encroachment is alleged on Survey Nos.33 and 34/5 situated at Periyavadakarai Village, Veppanthattai Taluk,

3. Learned State Government Pleader submits that only Survey No.33 is a Odai and Survey No.34/5 is a patta land. Learned Government Advocate further submits that survey would be conducted in respect of Survey No.33 and, if encroachment is found, then action in accordance with law would be undertaken.

4. In view of the said statement, no orders are necessary in the present writ petition. The writ petition, as such, is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 13.02.2024 Index :

Yes/No :

Yes/No bbr

To 1.The District Collector, Perambalur District, Perambalur.

2.The District Revenue Officer, Perambalur District, Perambalur.

3.The Revenue Divisional Officer, Perambalur, 4.The Tahsildar, Veppanthattai Taluk, 5.The Assistant Executive Engineer, PWD-cum-Water Resources Department, Marudhaiyaru Basin Sub Division, Perambalur.

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

bbr 13.02.2024