Madras High CourtWP/17262/2023disposed of

G.Ezhumalai v. The Principal Secretary To The Government Of Tamil Nadu

2023-07-24Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P. No. 16417 of 2023 G.Ezhumalai .. Petitioner -vs1. The Principal Secretary to the Government of Tamil Nadu Revenue Department Secretariat, Fort St. George Chennai - 600 009.

2. The Additional Principal Secretary O/o. Revenue Administration Commissioner Chepauk, Chennai - 600 005.

3. The Commissioner of Land Administration Chepauk, Chennai - 600 005.

4. The District Collector Kallakuruchi District Kallakuruchi.

5. The Tahsildar Thirukoilur Taluk Thirukoilur Kallakuruchi District.

6. The Block Development Officer O/o Block Development Officer Thirukoilur Panchayat Union Office Thirukoilur, Kallakuruchi District.

7. The President of Village Konakkalavadi Panchayat Office Konakkalavadi Thirukoilur Kallakuruchi District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 5 to remove the encroachment of School Construction constructed by the State in comprised in S. No. 148 and dispose the petitioner representation dated 20.03.2023. For the Petitioner : Mr. G.Saravanabhavan For the Respondents : Mrs. R.Anitha (R1 to R6) Special Government Pleader

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner is not in a position to demonstrate that the alleged school building is in Survey No. 148/1.

2. As per revenue records, Survey No. 148/1 is a pond. Unless the petitioner can point out specifically the location of the school building, no further order can be passed in the present writ petition.

3. The respondent authority may conduct a survey in Survey No.148/1 to conclude as to whether any encroachment is there or otherwise.

4. The writ petition is disposed of. No costs. Consequently, W.M.P. No.16417 of 2023 is closed.

(S.V.G., CJ.) (P.D.A., J.) 24.07.2023 Index : yes/no Maya

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

(Maya) To:

1. The Principal Secretary to the Government of Tamil Nadu Revenue Department Secretariat, Fort St. George Chennai - 600 009.