R.Rajamanickam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU R.Rajamanickam : Petitioner versus 1.The District Collector, Coimbatore District 2.The Tahsildar, Mettupalayam, Coimbatore 3.The Revenue Divisional Officer, Coimbatore North, Coimbatore 4.Muthusamy : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 3 to remove the encroachment made by respondents 4 to 6 in S.Nos.294/1, 296/2, 283 and 284 at Ranampalayam Chinna Kallipatti Village, Mettupalayam Taluk, Coimbatore 641 302 on considering petitioner's representation dated 09.06.2023. For the Petitioner :

Mr.A.Kumar For the Respondents :

Mrs.R.Anitha, Spl.G.P., for respondents 1 to 3 Not ready in notice, respondents 4 to 6

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.A.Kumar, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader, for respondents 1 to 3.

2. It is submitted by the learned Special Government Pleader that within one week, fresh inspection would be conducted and thereafter, fresh steps would be undertaken. Learned Special Government Pleader submits that Survey Nos.294/1 and 296/2 are cart-tracks whereas Survey No.283 is a patta land. According to the learned counsel for the petitioner, the facts are otherwise and all three lands are cart-tracks.

3. It is for the authority to decide about the same. As it is submitted by the learned Special Government Pleader that fresh inspection would be conducted within one week from today, the authority concerned may conduct fresh inspection within one week. Depending upon the inspection report, the authority shall take further steps expeditiously, in accordance with law and adhering to the

provisions of law. In case, after inspection, encroachment is found, then steps shall be taken within a period of one month from the date of inspection report to remove the encroachment, of course by adhering to the provisions of law.

4. With these observations, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 12.09.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, Coimbatore District 2.The Tahsildar, Mettupalayam, Coimbatore 3.The Revenue Divisional Officer, Revenue Divisional Office, Coimbatore North, Coimbatore

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

(tar) 12.09.2023