Madras High CourtWP/4952/2018disposed of

E.Elango, v. The District Collector,

2019-04-02Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2019 CORAM :

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.4952 and 18659 of 2018 and W.M.P.Nos.21994 & 21995 of 2018, 6105/18 E.Elango ... Petitioner in W.P.No.4952/2018

1. T.Veerasamy

2. K.Ilayaraja ... Petitioners in W.P.No.18659/2018 v.

1 The District Collector Salem District, Salem.

2 The District Adi Dravidar & Tribal Welfare Officer, Salem District Salem.

3 The District Revenue Officer Salem District, Salem.

4 The Revenue Divisional Officer Salem, Salem District.

5 The Special Thasildhar (ADW) Attur Taluk, Salem District.

6 Tmt.Tamilarasi 7 Tmt.Sulochana ...1 to 7 Respondents in both Wps

7. S.Sasikala ...8th Respondent in W.P.No.18659/18 W.P.No.4952/2018 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachments made in Plot No.105 in S.No.278/8 situated at Anayaampatti Village, Gangavalli Taluk, Salem District earmarked for public purpose by the 6th and 7th respondents forthwith, based

on the representation submitted by the petitioner dated 05.02.2018 within a time frame to be fixed by this Court. W.P.No.18659/2018 : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachments made in Plot Nos.105 and 106 in S.No.278/8 situated at Anayaampatti Village, Gangavalli Taluk, Salem District earmarked for public purpose by the 6th and 7th respondents forthwith, based on the representation submitted by the petitioner dated 02.07.2018 within a time frame to be fixed by this Court.

For Petitioners: Mr.G.Sankaran (in both Wps) For Respondents: Mr.V.Jayaprakash Narayanan (in both WPs) Govt. Pleader (i/c) - for R1 to R5 Mr.E.Kannadasan - for R6 No appearance - for R7 COMMON ORDER (Order of the Court made by M.DURAISWAMY,J.) The petitioners have filed the above Writ Petitions to issue Writs of Mandamus, directing the respondents 1 to 5 to remove the encroachments made in Plot Nos.105 and 106 in S.No.278/8 situated at Anayaampatti Village, Gangavalli Taluk, Salem District, earmarked for public purpose by the 6th and 7th respondents, based on the representations submitted by the petitioner dated 05.02.2018 and 02.07.2018 within a time frame.

2. Since both the Writ Petitions relates to the same property, both the Writ Petitions are disposed of by this common order.

3. The 4th respondent, the Revenue Divisional Officer, Attur Taluk, Salem District has filed a status report, wherein he has stated that by order dated 08.12.2017, the house site pattas issued to 66 persons including the 7th respondent were cancelled for various reasons. Further, the 4th respondent has stated that the 7th respondent, who is the allottee of the plot, was constructing a building in Plot No.105 in the place of house site patta earmarked for public purpose. Further the 4th respondent has stated that necessary action is being taken to remove the encroachment through the 5th respondent-The Special Thasildhar (ADW), Attur Taluk, Salem District.

4. Since the 4th respondent has categorically stated that action is being taken by the authorities for removing the encroachment, no further direction need be given in these Writ

Petitions. Recording the averments stated in the status report filed by the 4th respondent, the Writ Petitions are disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar Rj To 1 The District Collector Salem District, Salem.

2 The District Adi Dravidar & Tribal Welfare Officer, Salem District Salem.

3 The District Revenue Officer Salem District, Salem.

4 The Revenue Divisional Officer Salem, Salem District.

5 The Special Thasildhar (ADW) Attur Taluk, Salem District.

+1cc to the Government Pleader Sr.31954 +1cc to M/S.E.Kannadasan, Advocate Sr.31731 W.P. No.4952 and 18659 of 2018 and W.M.P.Nos.21994 & 21995 of 2018 sj[co] srg 02/05/2019 A.SK(16/05/2019)