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Madras High CourtWP/8647/2020disposed of

G.Ramakrishnan v. The State Of Tamil Nadu

2020-07-31Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.8647 of 2020 & W.M.P.No.10467 of 2020 G.Ramakrishnan ..Petitioner Vs 1.The State of Tamil Nadu Represented by District Collector Salem District.

2.The Revenue Divisional Officer Mettur Taluk Salem District.

3.The Tahsildar Mettur Taluk Salem District.

4.The Commissioner / Block Development Officer Kolathur Division Post Mettur Taluk Salem District.

5.Thangam .. Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the Respondents or their agents, servants subordinates or representatives or anybody else claiming through them from evicting or destroying in any manner on the property of the petitioner bearing Survey Nos. 234 / 2 and 234 / 3 ad measuring 2 acres situate at Singiripatti Village Erikadu Kolathur via Mettur Taluk Salem District classified as "Anadheenam Land".

For Petitioner ..

Mr.N.S.Sivakumar For Respondents ..

Mr.V.Jayaprakash Narayanan Government Pleader for R1 to R4

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Seeking to forbear the respondents from evicting the petitioner from the property bearing Survey Nos. 234/2 and 234/3 ad measuring 2 acres situate at Singiripatti Village,Erikadu Kolathur via Mettur Taluk Salem District classified as Anadheenam Land and destroying the same in any manner, the present writ petition has been filed.

2. The petitioner seems to have encroached the property which is sought to be used as a public road after due sanction having been made already.

3. Learned Government Pleader, on instructions, submitted that the encroachment of the petitioner will be removed after following the due procedure.

4. The above said statement made by learned Government Pleader stands recorded.

5. The writ petition stands disposed of giving liberty to the respondents to remove the encroachment made by the petitioner after following the due procedure. No costs. Consequently, the connected miscellaneous petition is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar mmi/ssm To 1.The District Collector Salem District.

2.The Revenue Divisional Officer Mettur Taluk Salem District.

3.The Tahsildar Mettur Taluk Salem District.

4.The Commissioner / Block Development Officer Kolathur Division Post Mettur Taluk, Salem District.

+1 CC to Mr.V.Jayaprakash, Advocate sr 25810 +1 CC to Govt. Pleader sr 25860.

W.P.No. 8647 of 2020 MR(CO) SP(13/08/2020)