B.Bharath v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU B.Bharath ..

Petitioner Vs.

1. The District Collector The District Collectorate Office Vellore District 632 009.

2. The Commissioner Gudiyatham Municipality

3. The Revenue Divisional Officer

4. The Assistant Director of Land Survey Department The District Collectorate Office Vellore District 632 009.

5. The Tahsildar Taluk Office

6. The Block Development Officer

7. The Surveyor Taluk Office, Gudiyatham Taluk ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to survey the land comprised in Survey No.792/57 and 5/11 measuring an extent of 33.06 cents situated at Periyar Nagar, Gudiyatham Taluk, Vellore District and remove the encroachments based on the report made by the third respondent vide his proceedings in Na.Ka.No.Aa1/2802/2022 dated 19.12.2022 and take appropriate action if any violations found. For the Petitioner : Mr.Jeeva S For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.Jeeva, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents.

2. The contention of the petitioner is that the land in Survey Nos.792/57 and 5/11, situated at Periyar Nagar, is a Park. The same is encroached by many persons. No action is undertaken.

3. A status report is filed by the Tahsildar. It is submitted that within one week, the subject land would be measured and Form 1 notice report containing the details of encroachment on it would be sent to the Municipal Commissioner, Gudiyatham.

4. In case, after measurement, some encroachment is found, then the authorities shall take further steps in accordance with law.

5. The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 05.09.2023 Index :

Yes/No :

Yes/No kpl

To

1. The District Collector The District Collectorate Office Vellore District 632 009.

2. The Commissioner Gudiyatham Municipality

3. The Revenue Divisional Officer

4. The Assistant Director of Land Survey Department The District Collectorate Office Vellore District 632 009.

5. The Tahsildar Taluk Office

6. The Block Development Officer

7. The Surveyor Taluk Office, Gudiyatham Taluk

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

(kpl) 05.09.2023