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Madras High CourtWP/29584/2023disposed of

A.Noor Mohammed v. The District Collector

2023-10-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Noor Mohammed ..

Petitioner Vs.

1. The District Collector Kallakurichi District - 606 202.

2. The Revenue Divisional Officer Revenue Divisional Office Kallakurichi District - 606 202.

3. The Thasildar Thasildar Office Vanapuram Taluk Kallakurichi District - 606 202.

4. The Block Development Officer Vanapuram Taluk Kallakurichi District.

5. The Executive Officer Pasa Madura Village

6. The Sub Inspector of Police Rishi Vandiyam Police Station

7. Arumugam ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 6 herein to take appropriate action to remove the encroachment caused over the carriage way existing in S.No.112, S.No.114 and S.No.115 at Paasaar Village, Vanapuram Taluk, Kallakurichi Distict - 606 205. For the Petitioner : Ms.A.Rajeswari For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R1 to R6

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.A.Rajeswari, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 6.

2. Notice was issued under Section 7 and order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 was passed. Date was fixed for eviction of the encroachment on 04.07.2023, but the same did not fructify.

3. Learned State Government Pleader submits that if there are no prohibitory orders in force, then the official respondents would proceed ahead for the execution of the order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, preferably within a period of six weeks.

4. In view of the above statement, the writ petition stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 12.10.2023 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Kallakurichi District - 606 202.

2. The Revenue Divisional Officer Revenue Divisional Office Kallakurichi District - 606 202.

3. The Thasildar Thasildar Office Vanapuram Taluk Kallakurichi District - 606 202.

4. The Block Development Officer Vanapuram Taluk Kallakurichi District.

5. The Executive Officer Pasa Madura Village

6. The Sub Inspector of Police Rishi Vandiyam Police Station

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 12.10.2023