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Madras High CourtWP/10794/2024disposed of

C.Alagumalai v. The District Collector

2024-04-22Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD C.Alagumalai : Petitioner versus 1.The District Collector, Salem District 2.The Revenue Divisional Officer, Salem District 3.The Tahsildar, Omalur Taluk, Salem 4.The Block Development Officer, Panchayat Union, Thaaramangalam, Salem District 5.A.Pazhanisamy : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 3 and 4 to remove the encroachment made by the private respondent herein in the light of G.O.Ms.No.64 dated 08.02.2022 after conducting proper enquiry on the representation dated 09.11.2023 made by the petitioner.

For Petitioner :

Mr.A.Rajakumar For Respondents 1 to 3 :

Mr.A.Edwin Prabhakar, State Government Pleader For Respondent No.4 :

Mr.C.Kathiravan, Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.A.Rajakumar, learned counsel for the petitioner; Mr.A.Edwin Prabhakar, learned State Government Pleader, for respondents 1 to 3 and Mr.C.Kathiravan, learned Special Government Pleader, for the fourth respondent.

2. This petition is filed seeking for a direction against respondents 3 and 4 to remove the encroachment made by the fifth respondent on Government pathway.

3. Mr.A.Edwin Prabhakar, learned State Government Pleader, submits that survey would be conducted within four months. If upon survey, encroachment is found, then, steps in accordance with law to remove the encroachment would be taken within one month thereafter.

4. In view of the said statement, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 22.04.2024 Index : Yes/No : Yes/No tar To 1.The District Collector, Salem District 2.The Revenue Divisional Officer, Salem District 3.The Tahsildar, Omalur Taluk, Salem 4.The Block Development Officer, Panchayat Union, Thaaramangalam, Salem District

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(tar) 22.04.2024