Madras High CourtWP/17874/2018disposed of

Sriraman, v. The District Collector,

2019-09-03Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.17874 of 2018 Sriraman .. Petitioner Vs 1 The District Collector Office of the District Collectorate 2 The Thasildhar Office of the Thasildhar Denkanikotta 3 The Sub Collector Office of the Sub Collector Denkanikotta Krishnagiri.

4 The Block Development Officer Office of the Block Development Officer Kelamangalam, Krishnagiri District.

5 Paneerselvam .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 4 to remove the encroachment in Denkanikotta Town S.No.134/2 by considering the petitioner's representation dated 26.3.2018.

For Petitioner : Mr.S.Kumaresan For Respondents : Mr.S.Kamalesh Kannan Government Advocate for respondents 1 to 4 No appearance for 5th respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.S.Kumaresan, learned counsel for the petitioner and Mr.S.Kamalesh Kannan, learned Government Advocate for respondents 1 to 4.

2. The case of the petitioner is that there is encroachment in Survey No.134/2 of Denkanikotta Town. In view of this fact, the petitioner preferred a representation dated 26.3.2018 to the first respondent, i.e., the District Collector, Krishnagiri District. However, the encroachment had not been removed. Hence, the petitioner has prayed that respondents 1 to 4 be directed to remove the said encroachment by considering his representation dated 26.3.2018.

3. The learned Government Advocate has tendered the counter affidavit of the fourth respondent, i.e., the Block Development Officer, Kelamangalam, Krishnagiri District, wherein it is stated that the impugned land in S.No.134/2 is classified as "Government land" belonging to the Panchayat Union in the revenue records. The said land is about 0.13.0 in size. Complaints were received in relation to the encroachment in S.No.134/2, Denkanikotta Town. Based on these complaints, action was taken by the fourth respondent in the presence of the Village Administrative Officer, Revenue Officer and Sub Inspector of Police and encroachment in the said survey number was removed on 20.6.2019 and the same was communicated to the first respondent by communication in Na.Ka.No.2487/2007A2, dated 20.6.2019.

In view of the averments in the counter affidavit filed by the fourth respondent, no further orders are necessary. The writ petition is disposed of accordingly. No costs. sasi Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1 The District Collector Office of the District Collectorate

2 The Thasildhar Office of the Thasildhar Denkanikotta 3 The Sub Collector Office of the Sub Collector Denkanikotta Krishnagiri.

4 The Block Development Officer Office of the Block Development Officer Kelamangalam, Krishnagiri District.

+1cc to Mr.V.Vijay Shankar, Advocate, SR.No.76617 +1cc to Mr.S.Kumaresan, Advocate, SR.No.76099 +1cc to the Govt.Pleader, Vide Sr.No.77409 W.P.No.17874 of 2018 Kak(27/09/2019)