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Madras High CourtWP/8961/2024disposed of

P.Balasubramanian v. The District Collector

2024-04-03Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD P.Balasubramanian .. Petitioner -vs1.The District Collector Office of the District Collector Tirupur, Tirupur District.

2.The South Tahsildar Office of the South Tahsildar Sevanthampalayam, Tirupur.

3.The Zonal Deputy Tahsildar Office of the South Tahsildar Sevanthampalayam, Tirupur.

4.The Revenue Inspector Office of the Revenue Inspector Koduvai, Tirupur District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 3rd and 4th respondents to remove the encroachment as per the order of the 2nd

respondent vide order in Na.Ka.No.200/2024/A5 dated 21.02.2024 made by Senthilkumar Kalaimani, Sharadhamani by way of fencing in Survey No.516/2 at Ugayanur Village, Tirupur South Taluk, Tirupur. For the Petitioner :

Mr.N.Stalin For the Respondents :

Mr.Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.T.K.Saravanan Government Advocate - for R1 to R4 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.N.Stalin, learned counsel for the petitioner and Mr.A.Edwin Prabakar, learned State Government Pleader assisted by Mr.T.K.Saravanan, learned Government Advocate for the respondents 1 to 4.

2. An order under Section 6 has been passed only on 21.02.2024. The petitioner did not even have the patience to wait for a reasonable time before approaching this Court. It is also not clear whether the persons against whom the order under Section 6

is passed have filed an appeal or not. Within a period of three weeks of the order being passed under Section 6, the writ petition is filed.

3. We cannot encourage such petitions. If within a reasonable time action is not taken by the authorities, then the petitioner may move the Court.

4. With the above observation, this writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 03.04.2024 Index : Yes/No : Yes/No kst

To 1.The District Collector Office of the District Collector Tirupur, Tirupur District.

2.The South Tahsildar Office of the South Tahsildar Sevanthampalayam, Tirupur.

3.The Zonal Deputy Tahsildar Office of the South Tahsildar Sevanthampalayam, Tirupur.

4.The Revenue Inspector Office of the Revenue Inspector Koduvai, Tirupur District.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(kst) 03.04.2024