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Madras High CourtWP/24880/2023disposed of

K.J.Boobalan v. The District Collector

2023-08-24Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.J.Boobalan ..

Petitioner Vs.

1. The District Collector Collectorate Tiruvallur District Tiruvallur 631 207.

2. The Tahsildar Pallipattu Town Tiruvallur 631 207.

3. Jeevarathinam

4. Rajendran ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the first respondent to remove the encroachment made by the respondents 3 and 4 in the canal comprised in Survey No.3/6 and 3/7 of Vanganur Village, Pallipattu

Taluk and Tiruvallur District and provide the right of access to his land by considering the representation dated 26.12.2022 within a time stipulated by this Hon'ble Court.

For the Petitioner : Mr.R.Harishankar For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mr.K.M.D.Muhilan Additional Government Pleader for Respondents 1 & 2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.R.Harishankar, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.K.M.D.Muhilan, learned Additional Government Pleader for the respondents 1 and 2.

2. Learned counsel for the petitioner submits that respondent nos.3 and 4 have made encroachments in S.Nos.3/6 and 3/7, classified as canal.

3. Learned State Government Pleader submits that the land in

S.Nos.3/6 and 3/7 is classified as Punjai Anadeenam. The same is government poramboke land. The canal passes from West to East in the said survey numbers. The provisions of the Tamil Nadu Land Encroachment Act, 1905 would be resorted to for evicting the encroachers.

4. As it has been assured by the government that further steps would be taken in accordance with law, no further orders are necessary.

5. The writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.24303 of 2023 is closed. (S.V.G., CJ.) (P.D.A., J.) 24.08.2023 Index :

Yes/No :

Yes/No kpl

To

1. The District Collector Collectorate Tiruvallur District Tiruvallur 631 207.

2. The Tahsildar Pallipattu Town Tiruvallur 631 207.

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

(kpl) 24.08.2023