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Madras High CourtWP/23849/2019disposed of

B.Deva v. The District Collector

2023-11-22Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP No.23695 of 2019 B.Deva .. Petitioner -vs1. The District Collector, Office of District Collector, Tiruppur District, Tiruppur.

2. The Sub Collector, Office of Sub-Collector, Dharapuram.

3. The Block Development Officer, Office of Block Development Officer, Dharapuram.

4. Sameena

5. Vakitha .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to demolish the unauthorized constructions erected by the respondents 4 and 5 in Site No.21 and 70 respectively in Cibi Gardern, Goundachipudur Panchayat, Dharapuram Taluk, Tiruppur District by considering petitioner's representation dated 29.05.2019.

For the Petitioner :

Mr.N.Ponraj For the Respondents :

Mr.K.Karthik Jagannath Govt. Advocate for RR 1 to 3 :

No appearance for RR 4 and 5 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.N.Ponraj, learned counsel for the petitioner and Mr.K.Karthik Jagannath, learned Government Advocate for respondent Nos.1 to 3.

2. The petitioner seeks direction to the respondents to demolish the unauthorized construction erected by respondent Nos.4 and 5.

3. The learned Government Advocate submits that the land named CIBI Garden in SF Nos.82/2, 82/3, 82/5, 82/6, 82/7, 82/8, 82/9, the land in S.F.No.84/1, 84/2, 84/3A, 84/3B, 84/3D and the land in S.F.No.134/2 and 134/5 are approved by DTCP and Panchayat. Now, no encroachment exists in the above said survey numbers.

In view of that, as far as the present writ petition is concerned, nothing survives for adjudication. In case the petitioner is aggrieved by the approvals granted, then it is for the petitioner to assail the same as may be permissible under law.

The writ petition is disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. (S.V.G., CJ.) (D.B.C., J.) 22.11.2023 Index : Yes/No : Yes/No sra To

1. The District Collector, Office of District Collector, Tiruppur District, Tiruppur.

2. The Sub Collector, Office of Sub-Collector, Dharapuram.

3. The Block Development Officer, Office of Block Development Officer, Dharapuram.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) 22.11.2023