I.Lenin v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU I.Lenin .. Petitioner Vs
1. The District Collector District Collectorate Office Salem District, Salem.
2. The Revenue Divisional Officer Salem West, Salem District.
3. The Tahsildar Salem West Taluk Salem.
4. Sankar
5. Ganapathy
6. Mani
7. Anbazhagan
8. Prabakaran
9. Govindaraj .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 to remove the encroachment made by the private respondents in Survey Nos.5/3, 5/8, 6/4, 17/4 and 23/4 at Elaguvampatti Village, Salem West Taluk, Salem District, based on the representation dated 8.2.2022.
For the Petitioner : Mr.C.Prabakaran For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for respondents 1 to 3
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.C.Prabakaran, learned counsel for the petitioner, and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader, for respondents 1 to 3.
2. The encroachment is alleged on the lake.
3. Learned State Government Pleader, on the basis of the instructions received from Tahsildar, Salem West, submits that, as
per the UDR Scheme, the details and classification of the writ lands are as under:
Sl.No.
S.F.No.
Extent (Hec.) Classification Pattadar Detail marks as in "A"Register 5/3 0.03.5 Government Poramboke - Pathai 5/8 0.12.0 Government Poramboke - Vinayagar Temple, School, Noon Meal Centre 6/4 0.13.5 Government Poramboke - Pathai 2.83.0 Government Poramboke - Eri 17/4 0.42.5 Government Poramboke - Mayanam 23/4 0.14.5 Government Poramboke - Eri Total 3.69.0 Hectares
4. It is further submitted by learned State Government Pleader that survey would be conducted to fix the boundaries of the said survey fields with total extent of 9 acres of government land and patta lands registered in the names of respondents 4 to 9 as per village records and then further steps would be undertaken.
5. In view of the said statement, no further orders are required to be passed in this writ petition. The writ petition is
disposed of accordingly. There will be no order as to costs. (S.V.G., CJ.) (P.D.A., J.) 10.07.2023 Index :
Yes/No Yes/No sasi To:
1. The District Collector District Collectorate Office Salem District, Salem.
2. The Revenue Divisional Officer Salem West, Salem District.
3. The Tahsildar Salem West Taluk Salem.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
(sasi) 10.07.2023