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Madras High CourtWP/29486/2010disposed of

M.Kumuthavalli, v. The District Collector,

2016-11-14Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P.No.29486 of 2010 M.Kumuthavalli .. Petitioner -vs1.The District Collector, District Collector Office, 2.The Revenue Divisional Officer, Revenue Department, Harur.

3.The Tahsildar, Tahsildar Office, Harur.

4.The Revenue Inspector, Kambainallur, Irumathur Village, Harur, Dharmapuri District.

5.The Superintendent of Police, 6.V.Gandhi .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 5 to forthwith remove the encroachment put up by the 6th respondent in the public Cart Track / Mud road in Survey No.5 and 6, in Irumathur village, Harur Taluk, Dharmapuri District, pursuant to order of the third respondent eviction notice dated 13.8.2010.

For Petitioner :

Ms.S.Agalya For Respondents :

Mr.T.N.Rajagopalan Spl. G.P. for R1 to R5 Mr.S.Senthilnathan for R6

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner alleges that respondent No.6 has encroached on the cart track.

2. The learned counsel for respondent No.6 disputes the position.

3. However, the learned Special Government Pleader states that a notice has been issued on 01.11.2016 under Section 7 of the Tamil Nadu Town and Country Planning Act, 1971. Thus, respondent No.6 would have a chance to respond to the notice, a copy of which has been handed over to the learned counsel for respondent No.6 in Court, whereafter the respondent authorities can proceed in accordance with law.

4. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2010 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To 1.The District Collector, District Collector Office, 2.The Revenue Divisional Officer, Revenue Department, Harur.

3.The Tahsildar, Tahsildar Office, Harur.

4.The Revenue Inspector, Kambainallur, Irumathur Village, Harur, Dharmapuri District.

5.The Superintendent of Police, +1cc to Mr.S. Agalya, Advocate, S.R.No.65740 +1cc to Mr.S. Senthel Nathan, Advocate, S.R.No.65311 +1cc to Government Pleader, Sr.No.65505 ug(CO) md(29/11/2016) W.P.No.29486 of 2010