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Madras High CourtWP/30150/2022disposed of

R.Ganesan v. The District Collector

2023-10-20Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Ganesan ..

Petitioner Vs.

1. The District Collector Namakkal District Namakkal.

2. The Tahsildar Paramathi Vellore Taluk Namakkal District.

3. The Executive Officer Pandamangalam Town Panchayat Paramathi Vellore Namakkal District.

4. The Assistant Engineer Highways Department Pandamangalam Paramathi Vellore Taluk Namakkal District.

5. Duraisamy Chettiar ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 2 to 4 to carry out the direction of the 1st respondent in proceedings No.O.Mu.30924/2018/L3 dated 27.09.2018 pursuant to the complaint of the petitioner dated 18.09.2018.

For the Petitioner : Mr.P.Lakshmikanthan For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 4

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.P.Lakshmikanthan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for the respondents 1 to 4.

2. Learned counsel for the petitioner submits that encroachment has been made on the Odai Poramboke land in S.No.93.

3. Learned State Government Pleader, on the instructions of the

Tahsildar, Paramathivelur, submits that encroachment existed in Odai Poramboke land i.e. S.No.93 to the extent of 0.28.0 hectares. The encroacher died on 29.04.2023. His asbestos house is situated in S.No.84/A, Patta No.583 and S.No.238 to the extent of 1.06.5 hectares. The land is classified as Highways in village accounts. Now, there is no encroachment in the said lands.

4. In view of the statement made, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.28354 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 20.10.2023 Index :

Yes/No :

Yes/No kpl

To

1. The District Collector Namakkal District Namakkal.

2. The Tahsildar Paramathi Vellore Taluk Namakkal District.

3. The Executive Officer Pandamangalam Town Panchayat Paramathi Vellore Namakkal District.

4. The Assistant Engineer Highways Department Pandamangalam Paramathi Vellore Taluk Namakkal District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 20.10.2023