Selvi Perumal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY SELVI PERUMAL .. Petitioner Vs
1. THE DISTRICT COLLECTOR DHARMAPURI DISTRICT, DHARMAPURI.
2. THE DISTRICT REVENUE OFFICER O/O.DISTRICT REVENUE OFFICE, DHARMAPURI DISTRICT, DHARMAPURI.
3. THE BLOCK DEVELOPMENT OFFICER PAPIRETTIPATTY DHARMAPURI DISTRICT, DHARMAPURI.
[R3 amended as per this order]
4. P.DHARUMALINGAM
5. C.KUMARESAN
6. S.EZHUMALAI .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to remove the encroachment / debris made by respondents 4 to 6 in the government land situated at Survey Nos.142/1 and 143/1 situated at Irulpatti Village, Papirettipatty Circle, Dharamapuri District which is classified as Odai and to restore and maintain the same by considering
the petitioners representation dated 27.12.2023. For the Petitioner : Mr.G.Srinivasan For the Respondents : Mr.P.Harish Government Advocate for respondents 1 and 2 : Mr.R.Siddharth Government Advocate for 3rd respondent
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.G.Srinivasan, learned counsel for the petitioner; Mr.P.Harish, learned Government Advocate for respondents 1 and 2; and Mr.R.Siddharth, learned Government Advocate for the third respondent.
2. At the request of learned counsel for the petitioner, leave to correct the address of the third respondent as the Block Development Officer, Papirettipatty, Dharmapuri District, in the cause-title, is allowed. Necessary amendment be carried out in the cause-title.
3. Learned counsel for the petitioner submits that the lands in Survey Nos.142/1 and 143/1 situated at Irulpatti Village, Papirettipatty Circle, Dharamapuri District, are classified as Odai, however, encroachment is made by the private respondents.
4. Learned Government Advocate appearing on behalf of respondents 1 and 2 submits that within four months survey would be conducted and if upon survey encroachment is found, then action to remove the encroachment in accordance with law would be undertaken immediately.
5. In view of the said statement made by learned Government Advocate, the writ petition is disposed of. There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 20.03.2024 Index :
Yes/No Yes/No sasi To
1. THE DISTRICT COLLECTOR DHARMAPURI DISTRICT, DHARMAPURI.
2. THE DISTRICT REVENUE OFFICER O/O.DISTRICT REVENUE OFFICE, DHARMAPURI DISTRICT, DHARMAPURI.
3. THE BLOCK DEVELOPMENT OFFICER PAPIRETTIPATTY DHARMAPURI DISTRICT, DHARMAPURI.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
(sasi) 20.03.2024