N.Sivalingam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU N.Sivalingam : Petitioner versus 1.The District Collector, Dharmapuri District 2.The Tahsildar, Palacode Taluk, Dharmapuri District 3.Vijayakumar 4.Krishnan 5.Kumar 6.Murugan : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to remove the encroachment made by respondents 3 to 6 and remove the road put up in S.No.373/2 Karagathahalli Village, Palacode Taluk, Dharmapuri District measuring to an an extent of 3 km based on petitioner's representation dated 19.09.2022. For the Petitioner :

Mr.R.Narayanan for Mr.K.Selvarangan

For the Respondents :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Spl.G.P.

for respondents 1 and 2

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Narayanan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 and 2.

2. Learned counsel for the petitioner submits that there is a lake in S.No.373/2, Karagathahalli Village. Respondents 3 to 6 have constructed a road. In spite of many representations, no action is taken by the authorities.

3. Mr.P.Muthukumar, learned State Government Pleader, submits that he is orally instructed to state that there is no encroachment. However, submits that the authorities would conduct a survey and depending upon the report of the survey, further steps would be undertaken.

4. In view of the said statement, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 11.08.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, Dharmapuri District 2.The Tahsildar, Palacode Taluk, Dharmapuri District

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

(tar) 11.08.2023