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Madras High CourtWP/21795/2024disposed of

V.Annadurai v. The Secretary

2024-09-05Honourable The Acting Chief Justice,Honourable Mr Justice P.B. Balaji6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.09.2024 CORAM :

THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE P.B.BALAJI V.Annadurai ... Petitioner Vs.

1. The Secretary, Government of Tamil Nadu, Revenue Department, Secretariat Office, Chennai 600 009.

2. The District Collector, Collectorate Office, Dharmapurti 636 701.

3. The Tahsildar, Pennakaram, Dharmapuri 636810.

4. The Revenue Divisional Officer, Revenue Divisional Office,

5. The District Revenue Officer,

6. The Village Administrative Officer, VAO Office, Pannakaram, Dharmapuri 636 810.

7. The Director General of Police,

Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.

8. The Deputy Superintendent of Police, Pennagaram, Tamil Nadu 636 810.

9. The Inspector of Police, E1 Police Station, Papparapatti, Dharmapuri 636 809.

10. S.Muniappan

11. M.Perumal ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus directing the second respondent to remove the encroachment in Sigara Alli Village in survey Nos.293 & 275/1 and assure uninterrupted ingress and egress to petitioner's land in survey No.294/1, 294/2, and 300/1 and consequently direct the police respondents and respondents 3 to 6 to assist the second respondent appropriately to remove the encroachment.

For Petitioner : Mr.M.Devi Rudra For Respondents : Mr.T.K.Saravanan, Government Advocate for respondents 1 to 6.

Mr.R.Muniyapparaj, Addl.Public Prosecutor, for respondents 7 to 9 Mr.M.Chinnadurai for 10th respondent

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed to direct the second respondent to remove the encroachment made in Sigara Alli Village in survey Nos.293 & 275/1 and assure uninterrupted ingress and egress to petitioner's land in survey No.294/1, 294/2, and 300/1 and consequently direct the officials of the police as well as the revenue department to assist the second respondent appropriately in order to remove the encroachment.

2. The learned Government Advocate submitted that on 28.08.2024 at 11.00 a.m., in the presence of Tahsildar, Pennagaram Taluk and also with the help of Inspector of Police, Papparapatti and other police officials, the revenue officials have removed the encroachment made in the subject matter of the property. In this regard, a letter sent by the Tahsildar, Pennagaram Taluk to the Government Advocate, dated 31.08.2024, along with the photograph also placed before this Court.

3. At this juncture, the learned counsel for the 10th respondent submitted that, with regard to the dispute over the subject matter of the

property, a civil suit has been filed and the same is pending.

4. Inview of the submission made by the learned Government, no further order is required to be passed in the writ petition. Hence this writ petition is disposed of. There shall be no order as to costs. It is left open to the parties concerned to agitate their dispute before the civil court. (D.K.K., A.CJ.) (P.B.B.J.) 05.09.2024 Internet: Yes/No Index : Yes/No mst To

1. The Secretary, Government of Tamil Nadu, Revenue Department, Secretariat Office, Chennai 600 009.

2. The District Collector, Collectorate Office, Dharmapurti 636 701.

3. The Tahsildar, Pennakaram, Dharmapuri 636810.

4. The Revenue Divisional Officer, Revenue Divisional Office,

5. The District Revenue Officer,

6. The Village Administrative Officer, VAO Office, Pannakaram, Dharmapuri 636 810.

7. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.

8. The Deputy Superintendent of Police, Pennagaram, Tamil Nadu 636 810.

9. The Inspector of Police, E1 Police Station, Papparapatti, Dharmapuri 636 809.

THE HON'BLE ACTING CHIEF JUSTICE and P.B.BALAJI , J.

mst 05.09.2024