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Madras High CourtWP/22183/2023disposed of

K.K.Aputhiran v. The District Collector

2023-07-28Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.K.Aputhiran ..

Petitioner Vs.

1. The District Collector Namakal District Collectorate Namakkal.

2. The Tahsildar Mohanur Taluk Namakkal District.

3. The Sub Divisional Officer Sarabanga Basin Division (WRD) Senthamangalam Road Namakkal Taluk & District.

4. The Executive Engineer Sarabanga Basin Division (WRD) Salem 2, Namakkal District.

5. Assistant Engineer TANGEDCO Valayapatti, Namakkal District.

6. Jai Sakthi Mills Rep. by Managing Director S.Senthil Kumar Having office at Door No.382/1A Senjirimalai to Pollachi Main Road Dasanaickenpalayam Jakkarpalayam Coimbatore.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the official respondents to remove the encroachments made by the sixth respondent by installing electricity poles both in the water course in S.Nos.353 and 375 and the public cart track in S.No.349 Valayapatti Village, Mohanur Taluk, Namakkal District based on the petitioner's representation dated 31.03.2023 addressed to the official respondents.

For the Petitioner : Mr.C.Jagadish For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 3 Mr.S.Kalaiselvan for Respondents 4 & 5

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.C.Jagadish, learned counsel for the petitioner,

Mr.P.Muthukumar, learned State Government Pleader for the respondents 1 to 3 and Mr.S.Kalaiselvan, learned counsel for the respondents 4 and 5.

2. Learned counsel for the petitioner submits that the sixth respondent has made encroachment on the pathway.

3. Learned State Government Pleader submits that notice under Section 7 of the Tamil Nadu Land Encroachment Act is issued to the sixth respondent.

4. As the action is already taken by the respondent authority, no further orders are necessary. The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 28.07.2023 Index :

Yes/No :

Yes/No kpl

To

1. The District Collector Namakal District Collectorate Namakkal.

2. The Tahsildar Mohanur Taluk Namakkal District.

3. The Sub Divisional Officer Sarabanga Basin Division (WRD) Senthamangalam Road Namakkal Taluk & District.

4. The Executive Engineer Sarabanga Basin Division (WRD) Salem 2, Namakkal District.

5. Assistant Engineer TANGEDCO Valayapatti, Namakkal District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 28.07.2023