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Madras High CourtWP/7162/2022disposed of

S.Padmanaban v. The District Collector

2023-07-31Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU S.Padmanaban ..

Petitioner Vs.

1. The District Collector Tiruppur District Tiruppur.

2. The Tahsildar Udumalaipettai Taluk Tiruppur District.

3. The President Kurichikottai Village Panchayat Udumalaipettai Village Panchayat Union Udumalaipettai Taluk Tiruppur District.

4. Manina

5. Manonmani ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the official respondents 1 to 3 to remove the illegal encroachment of Government Poramboke land, Pond belongs to Varadaraja Perumal Swamy temple, public pathway leading to Pond, water ways to the Pond by the respondents 4 and 5 situated at Kurichikottai Village, Udumalaipettai Taluk, Tiruppur District pursuant to the representation of the petitioner dated 21.07.2020. For the Petitioner : Mr.N.Umapathi For the Respondents : Mrs.R.Anitha Special Government Pleader for Respondents 1 to 3 Mr.D.R.Arun Kumar for Respondents 4 & 5

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.N.Umapathi, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 to 3 and Mr.D.R.Arun Kumar, learned counsel for the respondents 4 and 5.

2. The encroachment is alleged on the Government poramboke land.

3. Learned Special Government Pleader, on instructions, submits that Natham patta was granted to some third person and in that, respondents 4 and 5 are occupying and the area they are occupying is more than the area for which patta was granted. The survey is conducted and further steps in accordance with law would be undertaken by the authorities.

4. The authorities shall undertake the process in accordance with law, pursuant to the survey conducted, expeditiously.

5. With these observations, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 31.07.2023 Index :

Yes/No :

Yes/No kpl

To

1. The District Collector Tiruppur District Tiruppur.

2. The Tahsildar Udumalaipettai Taluk Tiruppur District.

3. The President Kurichikottai Village Panchayat Udumalaipettai Village Panchayat Union Udumalaipettai Taluk Tiruppur District.

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

(kpl) 31.07.2023