Madras High CourtWP/26328/2021dismissed

M.Palanisamy v. The District Collector

2022-02-11Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:11.02.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.NO.26328 OF 2021 AND W.M.P.NO.27797 OF 2021 M.Palanisamy .. Petitioner vs

1. The District Collector Tiruppur, Tiruppur District.

2. The Revenue Divisional Officer Tiruppur, Tiruppur District.

3. The Tahsildar Avinashi, Tiruppur District.

4. The Block Development Officer Avinashi, Tiruppur District.

5. The President Thekkalur Panchayat Avinashi Taluk, Tiruppur District.

6. K.Parvathi

7. Lakshmi

8. Palani @ Palanisamy,

9. Anandhakumar .. Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India for a Writ of Mandamus directing the respondent No.1 to 3 to remove the encroachment made by the respondent Nos.6 to 9 and other encroachers in the Karvellan Kuttai classified as Government Poramboke land comprised in S.No.686 situated at Munukattipalayam, Kamanaickenpalayam, Thekkalur, Avinashi Taluk, Tiruppur District by considering the petitioner representation dated 06.10.2021.

For the Petitioner : Mr.V.Boopathi Kumar & Ms.Shobana Devi for M/s.K.Myilsamy For the Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.P.Muthukumar Government Pleader - for R1 to R5 Mr.K.Govi Ganesan - for R6 and R7

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) The writ petition has been filed to seek a direction on the respondents 1 to 3 to remove the encroachment made by respondents 6 to 9 in the land comprised in S.No.686 by considering the petitioner's representation dated 06.10.2021.

2. A status report / counter affidavit has been filed by the State Government stating that the encroachment on the land in S.No.686 has been removed and to substantiate the aforesaid fact, photographs have been enclosed along with the status report.

3. In view of the above, the writ petition has become infructuous and it is dismissed, however with a liberty to the petitioner that if the statement of fact supported by the photographs has not given the true picture in respect of S.No.686, he can prefer an application for revival of the writ petition.

W.P.No.26328 of 2021 is dismissed. No costs. Consequently, W.M.P.No.27797 of 2021 is also dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KST To: