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Madras High CourtWP/9318/2024disposed of

B.Murugadoss v. The District Collector

2024-04-05Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD B.Murugadoss ..

Petitioner Vs.

1. The District Collector District Collectorate Office Chengalpattu.

2. The Tahsildar The Tahsildar Taluk Office Thirukazhukundram, Chengalpattu.

3. G.Perumal

4. G.Jayabal

5. Pachayappan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 and 2 to remove the encroachments made by respondents 3 to 5 in canal in S.No.94B/1C1 situated at Keerapakkam Villag,e Thirukazhukundram Taluk, Chengalpet District on considering the petitioner's representation dated 09.05.2022, 01.08.2022, 19.05.2023 and

31.07.2023 and eviction notice of respondent 2 through proceedings Na.Ka.No.04/2023/A1 dated 19.08.2023.

For the Petitioner : Mr.A.Kumar For the Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.P.Harish Government Advocate for R1 and R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.A.Kumar, learned counsel for the petitioner and Mr.A.Edwin Prabakar, learned State Government Pleader assisted by Mr.P.Harish, learned Government Advocate for respondents 1 and 2.

2. Learned State Government Pleader submits that after the order is passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, a civil suit is filed by the private respondents herein and the said suit is not maintainable.

3. Learned State Government Pleader further submits that in case there are no prohibitory orders, then action, in accordance with law, would be taken to execute the orders passed under Section 6 of

the Tamil Nadu Land Encroachment Act, 1905 expeditiously.

4. In view of the said statement, no further orders are necessary in the present writ petition. The writ petition, accordingly, stands disposed of. There shall be no orders as to costs. (S.V.G., CJ.) (J.S.N.P., J.) 05.04.2024 Index :

Yes/No :

Yes/No drm To

1. The District Collector District Collectorate Office Chengalpattu.

2. The Tahsildar The Tahsildar Taluk Office Thirukazhukundram, Chengalpattu.

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

(drm) 05.04.2024