Madras High CourtWP/16917/2024disposed of

Harihara Sudhakumar v. The District Collector

2024-07-03Honourable Mr.Justice Mohammed Shaffiq,Honourable The Acting Chief Justice5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2024 CORAM :

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ HARIHARA SUDHAKUMAR .. Petitioner vs 1.THE DISTRICT COLLECTOR ERODE DISTRICT, ERODE 2.THE REVENUE DIVISIONAL OFFICER GOBICHETTIPALAYAM ERODE DISTRICT 3.THE TAHSILDAR GOBICHETTIPALAYAM, ERODE DISTRICT 4.CHINNAKANNAL @ LAKSHMI 5.R.YASODHA 6.THANGAMMAL 7.MARIMUTHU @ MURUGAN 8.KESAVAMURTHY .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 to 3 to take action for removal of encroachments made by the respondents 4 to 8 in Old survey No.357/B1 and Natham Survey No 278/2A of Modachur Village, Gobichettipalayam Taluk, Erode District. For the Petitioner : Mr.T.Gnana Banu For the Respondents : Mr.Karthik Jagannath Government Advocate for respondents 1 to 3

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing respondents 1 to 3 to take action for removal of encroachments made by respondents 4 to 8 in Old Survey No.357/B1 and Natham Survey No.278/2A of Modachur Village, Gobichettipalayam Taluk, Erode District.

2. Mr.Karthik Jagannath, learned Government Advocate, who accepts notice on behalf of respondents 1 to 3, on instructions,

submitted that the lands in question would be surveyed and, if any encroachment is found, the same would be removed after following the due process of law.

3. Recording the submission made by learned Government Advocate, the writ petition is disposed of by directing the respondent authorities to survey the lands in question within a period of two weeks from the date of receipt of a copy of this order and, upon survey, if any encroachment is found, the same shall be removed in accordance with law, within a period of eight weeks thereafter, of course after issuing notice to all concerned, including the private respondents. There shall be no order as to costs. (R.M.D., ACJ.) (M.S.Q., J.) 03.07.2024 Index :

Yes/No NC :

Yes/No bbr

To:

1.THE DISTRICT COLLECTOR ERODE DISTRICT, ERODE 2.THE REVENUE DIVISIONAL OFFICER GOBICHETTIPALAYAM ERODE DISTRICT 3.THE TAHSILDAR GOBICHETTIPALAYAM, ERODE DISTRICT

THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.

bbr 03.07.2024