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Madras High CourtWP/19678/2022disposed of

Thiruvengadam v. The State Tamilnadu

2023-08-14Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Thiruvenkadam : Petitioner versus 1.The State of Tamil Nadu, Revenue Department, rep. By its Secretary, Secretariat, Fort St.George, Chennai 600 009 2.The Additional Secretary and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai 600005 3.The District Collector, Tiruvannamalai District 4.The Block Development Officer, Kilpennathur Taluk, 5.The Tahsildar, Taluk Office, Kilpennathur Taluk, 6.C.Aaron 7.C.Anand 8.Mani @ Elumalai 9.Tilagam

10.Pachayappan : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 3 to 5 to initiate eviction proceedings against respondents 6 to 10 to evict from S.No.55/1B of Sanippoondi Village, Kilpennathur Taluk, Tiruvannamalai District classified as Odai in revenue records under Tamilnadu Protection of Tanks and Eviction of Encroachment Act 2007 in furtherance of the Letter Na.Ka.No.Aa.2/2822/2020 dated 10.11.2021 issued by the Tahsildhar, Kilpennathur to Block Development Officer, Kilpennathur and complete the eviction proceedings.

For the Petitioner :

Mr.P.Thiagarajan For the Respondents :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Spl.G.P.

for respondents 1 to 5 Respondents 8 to 10 refused notice Respondents 6 & 7 unserved

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.P.Thiagarajan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 5.

2. Learned counsel for the petitioner submits that encroachment has been made at S.No.55/1B, Sanippoondi Village, Kilpennathur Taluk, Tiruvannamalai District. The said land is classified as 'odai'.

3. Mr.P.Muthukumar, learned State Government Pleader, on instructions, submitted that encroachers have been evicted on 13.08.2022 and 19.08.2022 in the presence of Block Development Officer and also the petitioner.

4. In light of the said statement, nothing survives for adjudication. The writ petition disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 14.08.2023 Index : Yes/No : Yes/No tar To 1.The Secretary, Revenue Department, Secretariat, Fort St.George, Chennai 600 009 2.The Additional Secretary and Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai 600005 3.The District Collector, Tiruvannamalai District 4.The Block Development Officer, Kilpennathur Taluk,

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

(tar) 5.The Tahsildar, Taluk Office, Kilpennathur Taluk, 14.08.2023