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Madras High CourtWP/23834/2018disposed of

M.Muniraj, v. The District Collector,

2023-08-25Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M.Muniraj : Petitioner versus 1.The District Collector 2.The Tahsildar Denkanikottai Taluk, Denkanikottai Krishnagiri District - 635 107 3.The Village Administrative Officer Royakottai Village, Royakottai - 635 116 Denkanikottai Taluk, Krishnagiri District 4.The Special Officer Denkanikottai Town Panchayat, Denkanikottai Taluk - 635 107 5.C.Suresh 6.C.Ramesh 7.C.Natesan 8.M.Chinnaraj

9.R.Pushpa 10.C.Selvaraj 11.M.Sathasivam 12.G.Muthumari 13.M.Murugesan 14.S.Savithiri 15.The Block Development Officer, Kelamangalam Panchayat Union, Denkanikottai Taluk, : Respondents (respondent No.15 impleaded as per order in WMP No.28267 of 2019 dated 25.08.2023) Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 herein to remove the encroachments made by respondents 5 to 14 on the public road i.e. Anna Nagar 1st Street, Royakottai, Denkanikottai Taluk, Krishnagiri District and on the open drainage system in the said street based on the representations dated 31.07.2017, 23.11.2017 and 23.04.2018.

For the Petitioner :

Ms.J.Deepa for Mr.R.Bharath Kumar For Respondents 1 to 4 :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mr.K.Karthik Jegannathan, Government Advocate

For Respondents 5, 6, 8 11, 13 & 14 :

Mr.P.Rajesh For Respondents 7 & 12 :

No appearance Not ready in notice for respondents 9 and 10

ORDER

(Made by the Hon'ble Chief Justice) We have heard Ms.J.Deepa, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 4, and Mr.P.Rajesh, learned counsel for respondents 5, 6, 8, 11, 13 & 14.

2. Mr.P.Muthukumar, learned State Government Pleader, on instructions of the Tahsildar submits that the subject property (writ property) would be surveyed to find out whether there is encroachment or not. The said survey would be conducted within three or four weeks.

3. Depending upon the survey, the Tahsildar may take further steps in accordance with law and procedure.

4. In view of the said statement of learned State Government Pleader, the writ petition stands disposed of. There will be no order as to costs. Consequently, WMP No.9431 of 2019 is closed. (S.V.G., CJ.) (P.D.A., J.) 25.08.2023 Index : Yes/No : Yes/No tar

To 1.The District Collector 2.The Tahsildar Denkanikottai Taluk, Denkanikottai Krishnagiri District - 635 107 3.The Village Administrative Officer Royakottai Village, Royakottai - 635 116 Denkanikottai Taluk, Krishnagiri District 4.The Special Officer Denkanikottai Town Panchayat, Denkanikottai Taluk - 635 107 5.The Block Development Officer, Kelamangalam Panchayat Union, Denkanikottai Taluk,

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

(tar) 25.08.2023