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Madras High CourtWP/11058/2023disposed of

Seenivasan v. The Salem District Collector

2023-04-12Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2023

CORAM

THE HONOURABLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Seenivasan .. Petitioner

Versus

1.The District Collector, Salem District.

2.The Tahsildar, Thalaivasal Taluk Office, Salem District.

3.Kumar .. Respondents Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking for issuance of a writ of mandamus directing the respondents to remove the encroachment made on the Oodai which is situated in S.No.47 in Chockkanur Agraharam Village, Veeraganur Post, Thalaivasal Taluk, Salem District, based on the representation of the petitioner dated 28.07.2022.

For Petitioner : Mr.M.Senthilkumar For R1 & R2 : Mr.P.Muthukumar, Spl.GP 1/4

ORDER

(Order of the Court was delivered by The Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking for issuance of a writ of mandamus directing the official respondents to remove the encroachment made on the Oodai which is situated in S.No.47, Chokkanur Agraharam Village, Veeraganur Post, Thalaivasal Taluk, Salem District, based on his representation dated 28.07.2022.

2. When the matter is taken up, Mr.P.Muthukumar, learned State Government Pleader, accepting notice for the respondents 1 and 2, placing on record a written instruction dated 11.04.2023 of Mr.Jeyakumar, Tahsildar, Thalaivasal Taluk/second respondent herein, submitted that the Tahsildar, Thalaivasal Taluk, will undertake survey in the place in question and after conducting of such survey, if there is any encroachment as alleged by the petitioner, the same will be removed in accordance with law. The said submission is recorded.

3. In view of the above, the second respondent, after conducting the survey, is directed to remove the encroachment if any, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. With this direction, the writ petition stands disposed of. No Costs.

(T.R., ACJ.) (D.B.C., J.) 12.04.2023 rkm 2/4

To 1.The District Collector, Salem District.

2.The Tahsildar, Thalaivasal Taluk Office, Salem District.

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

rkm 12.04.2023 4/4