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Madras High CourtWP/7139/2023disposed of

P.J.Prabhakar v. The District Collector

2023-07-27Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.J.Prabhakar .. Petitioner -vs1. The District Collector Collectorate, GST Road Chengalpattu-603001.

2. The Tahsildar Vandalur Taluk Office GST Road, Vandalur Chennai - 600048.

3. Loganathan

4. Shankar Loganathan

5. Kumar Loganathan

6. Rajan Loganathan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the first and second respondents to take action on the petitioner representation dated 29th December 2022 and 11th August 2021 and remove the encroachment made by the Respondents 3 to 6 in the land comprised in Survey No.330/2 of Nallambakkam Village, under Vandalur Taluk, which is classified as Meikkal Poramboke land.

For the Petitioner :

Ms.Vindhya Vasini For Mr.Adithya Reddy For the Respondents :

Mrs.R.Anitha (RR1 & 2) Special Government Pleader R3 to R5 - Not ready in notice

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Heard Ms.Vindhya Vasini, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader, for respondents 1 and 2.

2. Learned Special Government Pleader for respondents 1 and 2, on instructions from the Tahsildar, Vandalur, submits that Survey No. 330/2 was inspected and it found that there is an encroachment in the way of one hut house and two cement sheet houses since more than five years. The enquiry notice would be served to the petitioner and the respondents to survey the field land. Then the notices under Section 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905 would be served to the encroachers to remove the encroachment as per law.

3. In view of the aforesaid statement of the learned Special Government Pleader, the writ petition is disposed of. No costs. (S.V.G., CJ.) (P.D.A., J.) 27.07.2023 Index : yes/no : Yes/No Maya To:

1. The District Collector Collectorate, GST Road Chengalpattu-603001.

2. The Tahsildar Vandalur Taluk Office GST Road, Vandalur Chennai - 600048.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(Maya) 27.07.2023