← Library
Madras High CourtWP/27319/2023disposed of

M.Venkatesan M.B.A.L.L.B v. The District Collector

2023-09-20Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2023 CORAM :

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

Petitioner Vs.

1. The District Collector Office of the District Collector Villupuram District.

2. The Sub Collector Office of the Sub District Collector Tindivanam.

3. The Thasildhar Office of the Thasildhar Marakkanam Taluk Tindivanam.

4. The President Kilsiviri Village Marakkanam Taluk Tindivanam.

5. Gnanamurthy

6. Jaisankar

7. Krishnamoorthy

8. Ranganathan

9. Suresh Babu ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the first to third respondents to remove the encroachment made by the fifth to ninth respondents in Survey Nos.59/1, 58/3, 58/4, 59/7 Kilsiviri Village, Marakkanam Taluk, Tindivanam.

For the Petitioner : Mr.G.Mohammed Aseef For the Respondents : Mr.P.Muthukumar Special Government Pleader assisted by Mr.K.M.D.Muhilan Additional Government Pleader for R1 to R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.G.Mohammed Aseef, learned counsel for the petitioner and Mr.P.Muthukumar, learned Special Government Pleader assisted by Mr.K.M.D.Muhilan, learned Additional Government Pleader for respondents 1 to 3.

2. Learned counsel for the petitioner submits that there is a public pathway in S.Nos.59/1, 58/3, 58/4, 59/7 and respondents 5 to 9 have encroached upon the said properties.

3. Learned State Government Pleader submits that S.Nos.59/1, 58/3 and 58/4 are patta lands and S.No.59/7 is a Government Land. Learned State Government Pleader further submits that survey would be conducted in respect of S.No.59/7 and if encroachment is found, further steps shall be taken by the Authorities, as may be permissible under law.

4. In view of the above, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 20.09.2023 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Office of the District Collector Villupuram District.

2. The Sub Collector Office of the Sub District Collector Tindivanam.

3. The Thasildhar Office of the Thasildhar Marakkanam Taluk Tindivanam.

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

(drm) 20.09.2023