Madras High CourtWP/10064/2024disposed of

R.Seenivasan v. The District Collector

2024-04-12Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2024 CORAM :

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

Petitioner Vs.

1. The District Collector

2. The District Revenue Officer

3. The Revenue Divisional Officer

4. The Revenue Inspector

5. The Superintendent of Police

6. The Deputy Superintendent of Police Auroville, Villupuram District.

7. The Inspector of Police Kottaikuppam Police Station

8. Janarthana Reddy ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 1st respondent to take appropriate action to remove the encroachment made in S.Nos.384, 317 at Pillaichavady Village, Vanur Taluka, Bommayapalayam, Vilupuram - 605 104, based on the representation dated 11.03.2024 given by the petitioner.

For the Petitioner :

Mr.L.Ramu for Ms.C.Vijayalakshmi For the Respondents :

Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.T.K.Saravanan Government Advocate for R1 to R4 Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.R.Sylvester John for R5 to R6

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.L.Ramu, learned counsel appearing for Ms.C.Vijayalakshmi, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader assisted by Mr.T.K.Saravanan, learned Government Advocate for respondents 1 to 4 and Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.R.Sylvester John, learned counsel for respondents 5 to

2. Learned counsel for the petitioner submits that encroachment is made by respondent 8 in the land in S.Nos.384 and 317 at Pillaichavady Village. It is submitted that a pathway was constructed for going to the burial ground, but respondent 8 has encroached upon the same.

3. In the land in S.No.317, some areas are shown as private patta lands. The A-Register also does not show the existence of a pathway in S.No.384.

4. Learned Additional Public Prosecutor submits that there are two groups. Proceedings under Section 107 of the Code of Criminal Procedure, 1973 are pending. Even a complaint was filed by respondent 8 in the year 2009 with regard to his land and the said complaint was filed against the group which is of the petitioner's side, though the petitioner is not an accused.

5. There appears to be some private dispute between the parties. It is for the Authorities to consider the status of the land and if any encroachment is found, then the Authorities shall take further action in accordance with law.

6. The writ petition, as such, stands disposed of. There shall be no orders as to costs. Consequently, W.M.P.No.11187 of 2024 is closed.

(S.V.G., CJ.) (J.S.N.P., J.) 12.04.2024 Index :

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