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Madras High CourtWP/19071/2018closed

V.Gengappan,S/O.Varadhan v. The District Collector

2023-02-09Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2023

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Writ Petition No.19071 of 2018 V.Gengappan

...Petitioner

Versus

1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Tahsildar, Uthiramerur Taluk, Kancheepuram District.

3.R.Ranganathan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 06.07.2018 sent for removal of the encroachment made into the Government land in Survey No.121 by the

third respondent for petitioner's access into his property, situated in Alapakkam Village, Uthiramerur Taluk, Kancheepuram District, to an extent of acre 0.57 cents.

For Petitioner : Mr.R.Thanjan.

For Respondents : Mr.A.Selvendran, Special Government Pleader for R1 & R2.

O R D E R

[Order of the Court was made by R.MAHADEVAN,J] The prayer made in this Writ Petition is to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made in the Government land by the third respondent in Survey No.121 situated in Alapakkam Village, Uthiramerur Taluk, Kancheepuram District, to an extent of acre 0.57 cents by considering the petitioner's representation dated 06.07.2018.

2.When this matter was taken up for consideration, the learned Special Government Pleader appearing for the Respondents 1 & 2, by producing a copy of the revenue records, submitted that the subject land is a

private land belonging to one R.Varadhappa Naickar and hence, the claim of the petitioner cannot be considered by the respondent authorities. 3.Such statement made by the learned Special Government Pleader appearing for the respondent authorities has not been refuted by the learned counsel for the petitioner.

4.In such view of the matter, recording the submissions so made by the learned counsel on either side, this Writ Petition stands closed. No costs. (R.M.D.,J) (M.S.Q.,J) 09.02.2023 ay Index:Yes / No Speaking Order / Non-speaking Order R.MAHADEVAN,J and

MOHAMMED SHAFFIQ,J ay Copy To 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Tahsildar, Uthiramerur Taluk, Kancheepuram District.

Dated:09.02.2023