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Madras High CourtWP/14948/2017disposed of

E.Periyasamy, v. The District Collector,

2017-06-16Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE M.SUNDAR W.P.No.14948 of 2017 E.Periyasamy ... Petitioner Vs

1. The District Collector Salem.

2. The Tahsildar Vazhapadi Taluk Salem District.

3. Arumugam ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents 1 and 2 to remove the encroachments made by the 3rd respondent in Survey No.114/6 of Vellalkundam Village, Vazhapadi Taluk, Salem District, which is earmarked as river margin within the stipulated period to be fixed by this Court.

For Petitioner : Mr.R.Ezhilarasan For R1 & R2 : Mr.R.Vijayakumar, Additional Government Pleader

ORDER

[Order of the Court was made by M.SUNDAR, J.,] This writ petition has been filed with a prayer seeking a mandamus to the official respondents, viz., the respondents 1 and 2, before us, to remove the alleged encroachment said to have been made by the 3rd respondent in Survey No.114/6, Vellalkundam Village, Vazhapadi Taluk, Salem District. 2.

It is submitted by the writ petitioner that the alleged encroachment is near his property and therefore, he is aggrieved.

3.

Mr.R.Vijayakumar, learned Additional Government Pleader accepts notice on behalf of the respondents 1 and 2 / official respondents.

https://hcservices.ecourts.gov.in/hcservices/

4.

The 2nd respondent shall cause an inspection of the property at Survey No.114/6, Vellalkundam Village, Vazhapadi Taluk, Salem District, to be made within a fortnight and if there is any encroachments, proceedings in accordance with law, shall be initiated after putting all concerned on notice, particularly, the private respondent, viz., the 3rd respondent herein before us. The said proceedings for removal of the encroachments, if any, in accordance with law, shall be concluded within a period of two months from the date of receipt of a copy of this order.

5.

The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar AP To

1. The District Collector Salem.

2. The Tahsildar Vazhapadi Taluk Salem District.

+1cc to Mr.R.Ezhilarasan, Advocate, S.R.No.42965 +1cc to the Government Pleader, S.R.No.42824 W.P.No.14948 of 2017 SS(CO) CA(04/07/2017) https://hcservices.ecourts.gov.in/hcservices/