Manjunath Bairappa v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI MANJUNATH BAIRAPPA .. Petitioner Vs 1.THE DISTRICT COLLECTOR KRISHNAGIRI DISTRICT KRISHNAGIRI 2.THE SUB COLLECTOR HOSUR, KRISHNAGIRI DISTRICT KRISHNAGIRI 635 109 3.THE TAHSILDAR HOSUR TALUK HOSUR 635 109 KRISHNAGIRI DISTRICT 4.DASAPPA 5.MANI 6.KRISHNAMOORTHY 7.PRABHAKAR 8.MUNIRAJ 9.NARAYANASAMY 10.SEENAPPA
11.SRIDHAR 12.LAKSHMANA .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 3 to remove the encroachment and occupation illegally made by the respondents 4 to 12 in Boosthuthi Paadhai (pathway) as well as Vandipaadhai (Cart Track) comprised in Survey Nos. 101, 102, 103, 104 105/5B, 106/1B, 106/3, 108, 109, 111, 117(2), 130(3), 131/5 in Moorthy Gaanadinna Village, Hosur Taluk, Krishnagiri District and consequently to restore the original length and width of the above said Boosthudthi Paadhai (pathway) as well as Vandipaadhai (Cart track) as existing in the revenue records based on the representation of the petitioner dated 21.02.2024 to the respondents 1 to 3. For the Petitioner : Mr.Ravichandran Sundaresan For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 to 3
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing respondents 1 to 3 to remove the encroachment made by respondents 4 to 12 on the pathway and cart track in Survey Nos. 101, 102, 103, 104 105/5B, 106/1B, 106/3, 108, 109, 111, 117(2), 130(3), 131/5 situated at Moorthy Gaanadinna Village, Hosur Taluk, Krishnagiri District.
2. Today, when the writ petition is taken up for hearing, learned State Government Pleader, on instructions, submitted that the encroachments have been removed and, at present, there are no encroachments in the survey numbers referred by the petitioner. He has also filed a counter/status report of the third respondent. In the counter, it has been stated as under:
"3. It is submitted that there are no encroachments in the Government Poramboke land path in S.No.101, 109, 111, 117/2, 130/3, 131/5 of Moorthy Ganadinna Village. The encroachments in the path in patta lands were evicted by the 3rd respondent on 06.10.2023 itself. At present there are no encroachments in survey numbers referred by the petitioner."
3. At this juncture, learned counsel for the petitioner, by showing a photograph, submitted that encroachment subsist as on date and the land has been fenced with an iron gate.
4. In reply, learned State Government Pleader submitted that the photograph, which produced by learned counsel for the petitioner, pertains to Kanimangalam Village, whereas the land in question is
situated in Moorthy Gaanadinna Village.
5. Recording the statement made by learned State Government Pleader that there are no encroachments in the survey numbers referred to by the petitioner, the writ petition is closed. There shall be no order as to costs.
(D.K.K., ACJ.) (P.B.B, J.) 12.09.2024 Index :
Yes/No NC :
Yes/No bbr To:
1.THE DISTRICT COLLECTOR KRISHNAGIRI DISTRICT KRISHNAGIRI 2.THE SUB COLLECTOR HOSUR, KRISHNAGIRI DISTRICT KRISHNAGIRI 635 109 3.THE TAHSILDAR HOSUR TALUK HOSUR 635 109 KRISHNAGIRI DISTRICT
THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.
bbr 12.09.2024