Gopala Krishnan v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2023 CORAM :

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

Petitioner Vs.

1. The Collector Krishnagiri District Collectorate Krishnagiri District 635 001.

2. The District Revenue Officer Krishnagiri District Collectorate Krishnagiri District 635 001.

3. The Revenue Divisional Officer Krishnagiri Bangalore Road Highway Krishnagiri District 635 001.

4. The Tahsildar Pochampalli Taluk Pochampalli Post and Taluk Krishnagiri District 635 206.

5. The Block Development Officer Kaveripattinam Kaveripattinam Post and Taluk Krishnagiri District 635 112.

6. C.Pattabiraman

7. Kaliappan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 5 to retrieve the land belonging to Village Road and Arulmigu Mariamman Kovil comprised in S.No.651/19 of Kavappti Village, Maruderi Revenue Village, Pochampalli Taluk, Krishnagiri District which has been encroached by the respondents 6 and 7 and demolish the unauthorised structures put up by the respondents 6 and 7 in the encroached land within the time stipulated by this Hon'ble Court. For the Petitioner : Mr.J.Chelladurai Cadlwell For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by K.M.D.Muhilan Additional Government Pleader for Respondents 1 to 5 Mr.S.Srinivasa Narayanan for Respondent-6 No appearance - for Respondent-7

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.J.Chelladurai Caldwell, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, assisted by K.M.D.Muhilan, learned Additional Government Pleader for the respondents 1 to 5 and Mr.S.Srinivasa Narayanan, learned counsel for the sixth respondent.

2. It is submitted by learned counsel for the sixth respondent that the sixth respondent has filed an appeal under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 and the same is yet to be decided.

3. In view of the above, the first respondent shall decide the said appeal of the sixth respondent within three months from the date of receipt of a copy of this order. Depending upon the decision of the first respondent in the said appeal, further steps be taken by the parties.

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

(S.V.G., CJ.) (P.D.A., J.) 25.07.2023 Index :

Yes/No :

Yes/No kpl To

1. The Collector Krishnagiri District Collectorate, Krishnagiri District 635 001.

2. The District Revenue Officer Krishnagiri District Collectorate, Krishnagiri District 635 001.

3. The Revenue Divisional Officer Krishnagiri, Bangalore Road Highway Krishnagiri District 635 001.

4. The Tahsildar Pochampalli Taluk Pochampalli Post and Taluk Krishnagiri District 635 206.

5. The Block Development Officer Kaveripattinam, Kaveripattinam Post and Taluk

Krishnagiri District 635 112.

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

(kpl) 25.07.2023