Madras High CourtWP/17279/2024disposed of

Rashid, v. The District Collector,

2024-07-03Honourable The Acting Chief Justice,Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2024 CORAM :

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ RASHID .. Petitioner Vs

1. THE DISTRICT COLLECTOR, COLLECTOR OFFICE RD,

2. THE DISTRICT REVENUE OFFICER, COLLECTOR OFFICE RD,

3. THE TAHSILDAR, COLLECTOR OFFICE RD,

4. THE REVENUE INSPECTOR, COLLECTOR OFFICE RD,

5. THE SUPERINTENDENT OF POLICE,

6. THE INSPECTOR OF POLICE, TALUKA STATION, KRISHNAGIRI

7. THE BLOCK DEVELOPMENT OFFICER,

8. THE VILLAGE ADMINISTRATIVE OFFICER,

9. THE PRESIDENT, KATTIGANAPALLI VILLAGE PANCHAYAT, 10.SIVAKUMAR @ MINNAL SIVA, 11.GOPAL 12.KAVITHA .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 1st Respondent to demolish the illegal construction with the assistance of the 5th and 6th respondents put up by the 10th-12th respondents in Kattinganapalli Panchayat (Sathya Sai Nagar) Krishnagiri District at Survey Number 352/1A1A, consequently direct the 1st Respondent to collect a penalty in accordance with the Section 3 of the Tamilnadu Land Encroachment Act, 1905 against the 10th-12th respondents for unauthorized occupied in the Government.

For the Petitioner : Mr.G.Vana Narayanan For the Respondents : Mr.Karthik Jagannath Government Advocate for respondents 1 to 4 and 8 : Mr.R.Muniyapparaj Addl Public Prosecutor for respondents 5 and 6

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking issuance of a writ of mandamus directing the first respondent to demolish the illegal construction put up by respondents 10 to 12 in Kattiganapalli Panchayat (Sathya Sai Nagar), Krishnagiri District in Survey No.352/1A1A and to direct the first respondent to collect penalty from the private respondents in accordance with Section 3 of the Tamil Nadu Land Encroachment Act, 1905.

2. Today, when the writ petition is taken up for hearing, learned Government Advocate, on instructions, submitted that the third

respondent would take necessary action for removal of encroachments, after following due process of law, pursuant to the letter dated 23.3.2023 received from the Block Development Officer, Krishnagiri, within a period of eight weeks from the date of receipt of the copy of the order.

3. Recording the said submission made by learned Government Advocate, the writ petition is disposed of. There shall be no order as to costs.

(R.M.D., ACJ.) (M.S.Q., J.) 03.07.2024 Index :

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