Poorna v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Poorna ... Petitioner -vs1. The District Collector, Tiruppur Collector Office, Tiruppur District 641604.

2. The Revenue Divisional Officer, Tiruppur District, Nagapattinam District.

3. The Tahsildar, Avinashi Taluk, Avinashi, Tiruppur Taluk.

4. The Village Administrative Officer, Peruma Nallur Village, Avinashi Taluk, Tiruppur District.

5. P.Ranganathan ...

Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachment made by the 5th respondent in VAndipathi

(Cart Track) in Old Survey No.274/B, New Survey No.382/19 and 388/6 and restore the Government poramboke land to Perumanallur Panchayat, situated in Perumanallur Village, Kannimarthottam, Avinashi Taluk, Tiruppur District in pursuant to the online representation of general public of Perumanallur Village dated 03.07.2023 vide application in Encroachment-REV(TN/REV/TPR/P/ Portal/03JUL23/5804449) For the Petitioner :

Mr.S.Saravanan For the Respondents :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mr.K.Karthik Jegannath Government Advocate, for RR 1 to 4 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.S.Saravanan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.K.Karthik Jegannath, learned Government Advocate, for respondents 1 to 4.

2. The learned counsel for the petitioner alleges encroachment on the public pathway.

3. The learned State Government Pleader submits that notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, has been issued to the encroacher. The same is under process.

4. As the notice has already been issued under Section 7 of the Act, the writ petition ought not to have been filed. The writ petition is accordingly dismissed. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 03.08.2023 Index : Yes/No : Yes/No sra To

1. The District Collector, Tiruppur Collector Office, Tiruppur District 641604.

2. The Revenue Divisional Officer, Tiruppur District, Nagapattinam District.

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

(sra)

3. The Tahsildar, Avinashi Taluk, Avinashi, Tiruppur Taluk.

4. The Village Administrative Officer, Peruma Nallur Village, Avinashi Taluk, Tiruppur District.

03.08.2023