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Madras High CourtWP/27069/2021disposed of

K.Marimuthu v. The District Collector

2024-03-15Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2024 CORAM :

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

Petitioner Vs.

1. The District Collector Collectorate Salem District.

2. The Revenue Divisional Officer Attur Taluk & Post Salem District.

3. The Tahsildar Thalaivasal Taluk & Post Salem District.

4. The Assistant Engineer Water Resources & Irrigation Division Department Attur Taluk & Town, Salem District.

5. Ilayaraja ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 3rd and 4th respondent herein to act up on the petitioner representation dated 18.09.2021 and remove the encroachment made by the 5th respondent in lake which is situated in 230 which is situated in Vellaiyur Village, Thalaivasal Taluk, Salem District and S.Nos.229/9, 213/2 is classified as Government land and the same is situated adjacent lake which is situated in Vellaiyur Village, Thalaivasal Taluk, Salem District whithin a time as may be fixed by this Hon'ble Court. For the Petitioner : Mr.Snehan Kandasamy For Mr.T.Balaji For the Respondents : Mr.C.Kathiravan Special Government Pleader for Respondents 1 to 4 No appearance for Respondent-5

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.Snehan Kandasamy, learned counsel for Mr.T.Balaji, learned counsel for the petitioner and Mr.C.Kathiravan, learned Special Government Pleader for the respondents 1 to 4.

2. Learned counsel for the petitioner submits that the petitioner is dead.

3. Learned Special Government Pleader, on instructions, submits that encroachment has been removed in respect of S.No.213/2 on 17.03.2022 and the other survey numbers are patta lands.

4. In the light of that, the writ petition stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 15.03.2024 Index :

Yes/No :

Yes/No kpl To

1. The District Collector Collectorate, Salem District.

2. The Revenue Divisional Officer Attur Taluk & Post,Salem District.

3. The Tahsildar

Thalaivasal Taluk & Post, Salem District.

4. The Assistant Engineer Water Resources & Irrigation Division Department Attur Taluk & Town, Salem District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 15.03.2024