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Madras High CourtWP/17582/2022disposed of

Dr.T.R.Udaya Kumar v. The District Collector

2023-10-03Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Dr.T.R.Udaya Kumar : Petitioner versus 1.The District Collector, Vellore District 2.The Revenue Divisional Officer Gudiyatham, Vellore District 3.The Tahsildar, Gudiyatham, Vellore District 4.The Block Development Officer, Gudiyatham, Vellore District 5.Saravanan : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to remove the encroachments in the panchayat street and public land earmarked for overhead tank in S.No.237/68, 70, 74 situated in Kanavai Mottur village, Gudiyatham Taluk, Vellore District within a reasonable time. For the Petitioner :

Mr.S.Sivakumar

For Respondents 1 to 4 :

Mr.P.Muthukumar, State Government Pleader For 5th respondent :

Mr.V.Ragavachari, Senior Counsel, for M/s.S.N.Subramani

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.S.Sivakumar, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 4 and Mr.V.Ragavachari, learned Senior Counsel for the fifth respondent.

2. Mr.P.Muthukumar, learned State Government Pleader, submits that there is no encroachment in S.Nos.237/68, 237/70, 237/74. The fifth respondent is residing adjacent to S.No.237/70 in a natham land and he has applied for patta/assignment.

3. Mr.V.Raghavachari, learned Senior Counsel appearing for the fifth respondent, submits that the fifth respondent has not encroached upon any land.

4. Mr.P.Muthukumar, learned State Government Pleader, submits that the writ land would be measured and if any encroachment is found on the Government land, then action would be taken in accordance with law.

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

(S.V.G., CJ.) (D.B.C., J.) 03.10.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, Vellore District 2.The Revenue Divisional Officer Gudiyatham, Vellore District 3.The Tahsildar, Gudiyatham, Vellore District 4.The Block Development Officer, Gudiyatham, Vellore District

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 03.10.2023