James @ Vediyappan v. Muniyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.14901 and 14902 of 2023 James @ Vediyappan .. Applicant -vs1. Muniyan

2. The District Collector, Krishnagiri District, Krishnagiri.

3. The Revenue Divisional Officer, Krishnagiri District, Krishnagiri.

4. The Superintendent of Police, Krishnagiri District, Krishnagiri.

5. The Tahsildar, Krishnagiri Taluk, Krishnagiri.

6. The Inspector of Police, Kaverippattinam Police Station, Krishnagiri District.

7. Kasi

8. Chinnaraj

9. Settu 10.Murugesan ... Respondents Prayer: Review Application filed under Order 47 Rule 1 of CPC read with Section 114 of CPC to review the order dated 31.01.2023 passed in W.P.No.2116 of 2023 on the file of this Court. For the Applicant :

Ms.H.Pricilla for Dass and Viswa Associates For the Respondents :

Mr.P.Muthukumar State Government Pleader for RR 2 to 6 * * * * *

ORDER

(Made by the Hon'ble Acting Chief Justice) The review application is filed seeking to review the order dated 31.01.2023, thereby directing the official respondents to conduct a survey of the land in question and remove the encroachment on the cart tract.

2. Heard the learned counsel on both sides.

3. According to the learned counsel for the petitioner, if the respondents come forward to issue notice before undertaking survey,

the petitioner would be able to present all the acceptable documents and evidences to show that the petitioner is not an encroacher.

4. In reply, Mr.P.Muthukumar, learned State Government Pleaer, submitted that the authorities will issue notice before undertaking the survey and on receipt of the notice, if any representation along with supporting documents is given, the same will be perused and thereafter only action will be taken. Placing on record the above both statement, both parties are directed to act on them. Therefore, this review application is allowed in part modifying the order dated 31.01.2023 to the effect that the respondents shall survey the land in question after issuing notice to the petitioner herein and all concerned parties and depending upon the survey, remove the encroachment, if any, in accordance with law. There will be no order as to costs. Consequently, connected WMPs. are closed. (T.R., ACJ.) (D.B.C., J.) 28.04.2023 Index : Yes/No : Yes/No sra

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(sra) To

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Revenue Divisional Officer, Krishnagiri District, Krishnagiri.

3. The Superintendent of Police, Krishnagiri District, Krishnagiri.

4. The Tahsildar, Krishnagiri Taluk, Krishnagiri.

5. The Inspector of Police, Kaverippattinam Police Station, Krishnagiri District.

Review Aplw. No.70 of 2023 28.04.2023