R.Subramaniam, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.03.2021
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN W.P.No.19316 of 2018 and W.M.P.No.22714 of 2018 1.R.Subramaniam 2.Valangia C Chandran .. Petitioner
Versus
1.The District Collector, Office of the District Collector, Namakkal.
2.The Project Officer, (Schedule Tribe Welfare), Office of the Tahsildar at Kollihills, Semmedu, Kollihills Taluk, Nammakkal District.
3.The chief Educational Officer, Office of Chief Educational Officer, Mohanur Road, Namakkal District.
4.The Head Master, Government Schedule Tribe Residential Model High School, Vazhavandhinadu Village, Kollihills Taluk, 5.The Tahsildar, Kolli Hills Taluk, (R5 has suo motu impleaded as per order dated 27.07.2018) .. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to remove the two gates which are erected by way of encroachment in Survey No. 296/ 1 situated at Vazhavanthinadu Village Kollihills Taluk Namakkal district so as to enable the petitioners to get access to their lands by considering the representation of the petitioners dated 16.07.2018.
For Petitioner :
Mr.S.Senthil For Respondents :
Mr.R.Vijayakumar Additional Government Pleader
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.] The matter in issue pertains to construction of gates in S.F.No.296/1 of Vazhavanthinadu Village, Kollihills Taluk,
2. Counter affidavit has been filed by the 5th respondent and it is stated that iron gates on both sides have been removed and there is no hindrance for the free passage which is used by the writ petitioner and it is relevant to extract the following paragraphs:
''As soon as the orders of the Hon'ble High Court received, I have directed the school authorities not to close the iron gates and adhere to the Hon'ble High Court's order, vide in the reference 2nd cited, I made joint inspection of the sites in question on 21.08.2019, along with the Project Director of Tribal Welfare, Kollihills, the Head Master, GTR School, Kollihills, Zonal Deputy Tahsildar, Taluk Deputy Surveyor, Revenue Inspector, Valavandhinadu Firka and Firka Surveyor. During my inspection it was found that Two iron gates and a school building have been constructed in the S.F.No.296/1. I have instructed the Head Master, Government Tribal Residential School, Kollihills, to remove the iron gates. The iron gates have been now removed and there is no hindrances for the free passage which is used by the petitioner and others.''
3. This Court heard the submissions of the learned counsel appearing for the petitioner.
4. the light of the stand taken, no further orders are necessary in this Writ Petition and accordingly, closed. No costs. Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS VII) /TRUE COPY/ Sub-Assistant Registrar sk To 1.The District Collector, Office of the District Collector, Namakkal.
2.The Project Officer, (Schedule Tribe Welfare), Office of the Tahsildar at Kollihills, Semmedu, Kollihills Taluk, Nammakkal District.
3.The chief Educational Officer, Office of Chief Educational Officer, Mohanur Road, Namakkal District.
4.The Head Master, Government Schedule Tribe Residential Model High School, Vazhavandhinadu Village, Kollihills Taluk, 5.The Tahsildar, Kolli Hills Taluk, +1cc to MR.S.SENTHIL, ADVOCATE, SR.NO. 15110 W.P.No.19316 of 2018 SKY(CO) KKN 20.04.2021