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Madras High CourtWP/21355/2018disposed of

B.Madheswaran, v. The District Collector,

2023-08-18Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU B.Madheswaran .. Petitioner -vs1. The District Collector Salem District Salem.

2. The Sub Collector Mettur, Salem District.

3. The Tahsildar Omalur Salem District.

4. The Executive Officer Tharamangalam Town Panchayat Tharamangalam Salem District - 636502.

5. I.Thangavel .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachments made on the Government poramboke land

by the fifth respondent and to demolish the compound wall, Car shed and lath work shop illegally constructed by the fifth respondent in the Government poramboke land situated in New S.No.355/13, 355/16 and 355/21 (Old S.No.171/2) of Tharamangalam Village to the extent of 0.0020.5, 0.0047.0 and 0.450.0 Hectares and retain and land in its original position, for the free use of public. For the Petitioner :

Mr.V.Elangovan For the Respondents :

Mrs.R.Anitha, SGP (RR1 to 4) R5 - no appearance

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.V.Elangovan, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 4.

2. The petitioner alleges encroachment on the part of the fifth respondent. The fifth respondent has filed counter-affidavit stating that he has been awarded Natham Patta No.761 pursuant to the settlement deed dated 09.04.1999.

3. Mrs.R.Anitha, learned Special Government Pleader for the first to fourth respondents, submits that the land would be measured and if encroachment is found, then action in accordance with law would be undertaken by the authority concerned.

4. In view of the statement made by learned Special Government Pleader, no further orders are necessary. The writ petition is disposed of. There will be no order as to costs. (S.V.G., CJ.) (P.D.A., J.) 18.08.2023 Index : yes/no : Yes/No Maya To:

1. The District Collector Salem District Salem.

2. The Sub Collector Mettur, Salem District.

3. The Tahsildar Omalur Salem District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(Maya)

4. The Executive Officer Tharamangalam Town Panchayat Tharamangalam Salem District - 636502.

18.08.2023