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Madras High CourtWP/22261/2023disposed of

K.Murugesan v. The Secretary To Government

2023-12-20Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Murugesan ..

Petitioner Vs.

1. The Secretary to Government Revenue and Disaster Management Department Secretariat, Chennai 9.

2. The Secretary to Government Secretariat, Chennai 9.

3. The Commissioner 119, Uthamar Gandhi Road Nungambakkam, Chennai 34.

4. The District Collector Collector Office Palladam Road, Tiruppur.

5. The Joint Commissioner Old Collector Office Palladam Road, Tiruppur.

6. The Tahsildar Tahsildar Office Chitharapuram, Tiruppur.

7. The Assistant Executive Engineer Aaliyar Canal Sub-division Palladam, Tiruppur District.

8. V.Rajammal

9. S.Rajendiren ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to consider the representation made by the petitioner dated 06.05.2023 and dispose the same in accordance with law within a stipulated period. For the Petitioner : Mr.M.Loganathan For the Respondents : Mrs.R.Anitha Special Government Pleader for Respondents 1,2,4, 6 & 7 Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE) for Respondents 3 & 5

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Loganathan, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader for the respondents 1, 2, 4, 6 and 7 and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) for the respondents 3 and 5.

2. The petitioner alleges encroachment in the government lands.

3. Learned Special Government Pleader, on the instructions of the Tahsildar, submits that survey has been conducted and it is found that encroachment is made by the respondents 8 and 9 on the waterbody and temple land.

4. Learned Special Government Pleader (HR & CE) submits that the encroachment on temple land is not found.

5. Learned Special Government Pleader submits that in tune

with the survey report, further steps would be undertaken for removal of encroachment in accordance with law.

6. In the light of that, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 20.12.2023 Index :

Yes/No :

Yes/No kpl To

1. The Secretary to Government Revenue and Disaster Management Department Secretariat, Chennai 9.

2. The Secretary to Government Secretariat, Chennai 9.

3. The Commissioner 119, Uthamar Gandhi Road Nungambakkam, Chennai 34.

4. The District Collector

Collector Office Palladam Road, Tiruppur.

5. The Joint Commissioner Old Collector Office Palladam Road, Tiruppur.

6. The Tahsildar Tahsildar Office Chitharapuram, Tiruppur.

7. The Assistant Executive Engineer Aaliyar Canal Sub-division Palladam, Tiruppur District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 20.12.2023