S.Elumalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD S.Elumalai .. Petitioner -vs1. The District Collector, Collectorate Office, Vengikal, Thiruvannamalai,

2. The Revenue Divisional Officer, Thiruvannamalai,

3. The Thasildhar, Thandarampattu, Thiruvannamalai Taluk,

4. The Village Administrative Officer, Chinniyampettai Village, Thandarampattu Taluk,

5. The District Superintendent of Police, Superintendent of Police Office, Thiruvannamalai, Thiruvannamalai District.

6. The Sub Inspector of Police, Thanipadi Police Station, Thanipadi, Thandarampattu Taluk,

7. Arivalagan

8. Jayabalan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider the representation given by the petitioner dated 11.05.2023 to remove the encroachment made by the 7th and 8th respondents on the public pathway coming under the government poramboke land in Survey No.420/2 situated at Chinniyampettai village with the aid of 4th to 6th respondents. For Petitioner :

Mr.N.Sounderrajan For Respondents :

Mr.C.Kathiravan Spl. Govt. Pleader for RR 1 to 4 :

Mr.R.Muniyappa Raj Addl. Public Prosecutor assisted by Mr.M.Sylvester John for RR 5 and 6 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Sounderrajan, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader for respondent Nos.1 to 4 and Mr.R.Muniyappa Raj, learned Additional Public Prosecutor assisted by Mr.M.Sylvester John, for respondent Nos.5 and 6.

2. Encroachment by respondents 7 and 8 is alleged on the public pathway in S.No.420/2 situated at Chinniyampettai village.

3. The learned Special Government Pleader submits that a communication has been sent by the Tahsildar to the Block Development Officer on 12.02.2024 to take steps so as to remove the encroachment. The learned Special Government Pleader submits that steps would be commenced for removal of encroachment in accordance with law within three months from today. In view of the said statement, no further orders are necessary. The writ petition is, accordingly, disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 05.04.2024 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(sra) To

1. The District Collector, Collectorate Office, Vengikal, Thiruvannamalai,

2. The Revenue Divisional Officer, Thiruvannamalai, Thiruvannamalai District.

3. The Thasildhar, Thandarampattu, Thiruvannamalai Taluk,

4. The Village Administrative Officer, Chinniyampettai Village, Thandarampattu Taluk,

5. The District Superintendent of Police, Superintendent of Police Office, Thiruvannamalai, Thiruvannamalai District.

6. The Sub Inspector of Police, Thanipadi Police Station, Thanipadi, Thandarampattu Taluk, Thiruvannamalai District. 05.04.2024