M.Sarath Kumar, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.03.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Sarath Kumar ..
Petitioner Vs.
1. The District Collector The Office of the District Collector Tirupattur District.
2. The Revenue Divisional Officer Revenue Divisional Office Vaniyambadi, Tirupattur District.
3. The Tahsildar Ambur Taluk Office Tirupattur District - 635 802.
4. The Commissioner Ambur Municipality Tirupattur District - 635 802.
5. The General Manager Southern Railways Head Quarters No.37MG, 2VH, Poonamallaee High Road 1st Floor, NGO Building, Park Town Chennai, Tamil Nadu - 600 003.
6. The Assistant Division Engineer Jolarpettai Railway Division Tirupattur - Vaniyambadi Road Tirupattur District - 635 851.
7. Sekar ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 6 to remove the encroachment made by the 7th respondent which belongs to the Southern Railway lands situate in Ward: "A" Block:06, Town Survey No.8 and 10, Ambur Taluk, Tirupattur District by considering the petitioner's representation dated 17.07.2023. For the Petitioner :
Mr.M.Marimuthu For the Respondents :
Mr.A.Edwin Prabakar State Government Pleader for R1 to R3 Mr.A.Arun Babu Standing Counsel for R4 Mr.K.Srinivasa Murthy Senior Panel Central Govt. Counsel for R5 & R6
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.M.Marimuthu, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 to 3, Mr.A.Arun Babu, learned Standing Counsel for respondent 4 and Mr.K.Srinivasa Murthy, learned Senior Panel Central Government Counsel for respondents 5 and 6.
2. We are not inclined to entertain the present petition. In view of the fact that encroachment is alleged on the Railway land, the Railway Authorities have already filed an application before the District Collector for taking action in respect of the encroachment made.
3. The Government Authorities shall conduct a joint survey in the presence of the Railway Authorities preferably within a period of four months from today and upon survey, further steps, in accordance with law, shall be taken.
4. The writ petition, as such, stands dismissed. There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 21.03.2024 Index :
Yes/No :
Yes/No drm To
1. The District Collector The Office of the District Collector Tirupattur District.
2. The Revenue Divisional Officer Revenue Divisional Office Vaniyambadi, Tirupattur District.
3. The Tahsildar Ambur Taluk Office Tirupattur District - 635 802.
4. The Commissioner Ambur Municipality Tirupattur District - 635 802.
5. The General Manager
Southern Railways Head Quarters No.37MG, 2VH, Poonamallaee High Road 1st Floor, NGO Building, Park Town Chennai, Tamil Nadu - 600 003.
6. The Assistant Division Engineer Jolarpettai Railway Division Tirupattur - Vaniyambadi Road Tirupattur District - 635 851.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 21.03.2024