S.Prakash v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Prakash ..

Petitioner Vs.

1. The District Collector Erode District, Erode.

2. The Revenue Divisional Officer Office of the Revenue Divisional Officer Preproad, Erode District.

3. The Tahsildar Thasildar Office, Erode.

4. Palani

5. M.Arumugam

6. Duraisamy ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to remove the encroachments and also to cancel the patta given in Odai and Kaalpathai Poromboke situate in R.S.No.430/1, R.S.No.431/1 (1 to

20) was sub divided and it was measuring an extent of 4.52 acres in Tiruvachi Village, Perundurai Taluk, Erode District based on the representation dated 14.09.2022.

For the Petitioner : Mr.V.Subramanian for Mr.S.P.Yuvaraj For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R3 For the Proposed Respondents in W.M.P.No.20956 of 2023 : Mr.B.Vetrivel for Mr.C.Iyyapparaj for R7 to R9

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.V.Subramanian, learned counsel appearing for Mr.S.P.Yuvaraj, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 3 and Mr.B.Vetrivel, learned counsel appearing for Mr.C.Iyyapparaj, learned counsel for the proposed respondents 7 to 9 in W.M.P.No.20956 of 2023.

2.

Learned counsel for the petitioner submits that encroachments exist in the waterbody and the pathway in R.S.Nos.430/1 and 431/1 in Tiruvachi Village, Perundurai Taluk, Erode District.

3. Learned State Government Pleader submits that there are

some patta lands. As far as the encroachments are concerned, survey and inspection could not be carried out because of standing paddy crops. In February, 2024, survey and inspection would be carried out and depending upon the report of the survey and inspection, further action would be taken in accordance with law expeditiously.

4. In view of the said statement, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.20956 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 14.12.2023 Index :

Yes/No :

Yes/No drm To

1. The District Collector Erode District, Erode.

2. The Revenue Divisional Officer Office of the Revenue Divisional Officer Preproad, Erode District.

3. The Tahsildar Thasildar Office, Erode.

THE HON'BLE CHIEF JUSTICE AND

D.BHARATHA CHAKRAVARTHY, J.

(drm) 14.12.2023