Madras High CourtWP/12509/2020disposed of

Sethuraman v. The District Collector

2023-07-17Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2023 CORAM :

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

2. The Tahsildar, Kodumudi Taluk, Erode District.

3. The Executive Officer, Chennasamudhram Town Panchayat, Salai Pudur, Erode District.

4. Subramaniyam

5. SK Vetrivel

6. Lakshmi

7. Natraj

8. Gunasekaran

9. Lakshmi 10.Muniraj .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to complete survey in the land in Survey nos.355, 407, 409, 415, 416 and 417 situate at Chennasamudhram Village and remove the encroachments made by the respondents 4 to 10 in the said land.

For the Petitioner :

Mr.N.Palanisamy For the Respondents :

Mrs.R.Anitha, Special Government Pleader, for RR 1 and 2 :

Mr.V.Jayaprakash Narayanan for R-3 :

Mr.R.Kannan for R-4 :

No appearance for RR 7 to 10 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.N.Palanisamy, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader, for respondents 1 and 2, Mr.V.Jayaprakash Narayanan, learned counsel for respondent no.3 and Mr.R.Kannan, learned counsel for respondent no.4.

2. The learned Special Government Pleader submits that a notice was issued to the encroachers to remove the encroachment and a joint field survey was conducted on 28.07.2021. Further, a Commission has been set up to measure and on 05.07.2023, only S.No.355 was

measured. The remaining survey numbers would be measured on 20.07.2023. It is also submitted that some civil suits are pending.

3. The survey may be conducted as has been communicated by the learned Special Government Pleader on 20.07.2023. Depending upon the survey and subject to any prohibitory orders if are operating, the Government may proceed further in taking steps pursuant to the survey report.

The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 17.07.2023 Index : yes/no : Yes/No sra To:

1. The District Collector, Erode District, Erode.

2. The Tahsildar, Kodumudi Taluk, Erode District.

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

(sra)

3. The Executive Officer, Chennasamudhram Town Panchayat, Salai Pudur, Erode District.

17.07.2023