Kuzhandhaivel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Kuzhandhaivel .. Petitioner -vs1.The District Collector, Collector Office, Namakkal District.

2.The District Revenue Officer, District Collector Office, Namakkal District 637 003.

3.The Revenue Divisional Officer, Revenue Divisional Office, Thiruchengode Taluk, Namakkal District 637 211.

4.The Tahsildar, Taluk Office, Padamudipalayam, Paramathivellore District, 5.The Office of the Chief Surveyor & Vattachiyar, Padamudipalayam, Paramathivelur Taluk, 6.The Pirkka Sarviyar Officer, Tashildar Office Paramathi Velur Taluk,

7.The Revenue Inspector, Nallur, Kandhampalayam, Paramathi Velur Taluk, Namakkal District 637 203.

8.The Village Administrative Officer, Kunnamalai Village and Post, Paramathi Velur Taluk, Namakkal District 637 203.

9.The Block Development Officer, Paramathi, Paramathi Velur Taluk, 10.The Panchayat President, (Poongodi W/o. Gunasekaran) Kunnamalai Village & Post, Paramathi Velur Taluk, Namakkal District 637 203.

11.The Executive Engineer, Tamil Nadu Power Generation & Power Production & Distribution, Paramathi Velur Taluk, Namakkal District 637 203.

12.The Assistant Executive Engineer Tamil Nadu Generation and Distribution Circle Nallur Kandhapalayam Paramathi Velur Taluk Namakkal District 637 203 13.The Assistant Engineer, Tamil Nadu generation and Distribution Circle, Nadanthai Post, Paramathi Velur Taluk, Namakkal District 637 203.

14.Kasthuri 15.Raja @ Rajkumar 16.Selvarani .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for

issuance of a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 15.07.2022 given based on the order passed by first respondent in proceedings in Na.Ka.No.21029/2019 (G6) dated 08.11.2020 and consequently direct first respondent to remove the encroachment made by the Respondent 14 to 16 in the Government children's playground public common pathway and the Garbage dumb to an extent of 50 cents comprised in S.No.383 situated Kunnamalai Village and Post, Paramathi Vellore Taluk, Namakkal District, within the time stipulated by this Court.

For Petitioner :

No appearance For Respondents :

Mr.A.Edwin Prabakar, State Government Pleader, for RR 1 to 10 :

Mr.S.Kalaiselvan, for RR 11 to 13 :

Mr.T.Muthukrishnan, for RR 14 to 16 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner. We have heard Mr.A.Edwin Prabakar, learned State Government Pleader, for respondents 1 to 10; Mr.S.Kalaiselvan, learned counsel for respondents 11 to 13 and Mr.T.Muthukrishnan, learned counsel for respondents 14 to 16.

2. The learned State Government Pleader and the learned counsel for respondents 14 to 16 submit that the appeal is filed under Section 10 of the Tamil Nadu Land Encroachment Act, 1905 and the same is pending.

3. The appellate authority shall decide the appeal filed by respondents 14 to 16 within three months from today. Depending upon the decision taken in the appeal, the authority shall take further steps.

With this observation, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 08.04.2024 Index : Yes/No : Yes/No sra To 1.The District Collector, Collector Office, Namakkal District.

2.The District Revenue Officer, District Collector Office, Namakkal District 637 003.

3.The Revenue Divisional Officer, Revenue Divisional Office, Thiruchengode Taluk, Namakkal District 637 211. 4.The Tahsildar, Taluk Office, Padamudipalayam, Paramathivellore District, Namakkal District 637 207. 5.The Office of the Chief Surveyor & Vattachiyar, Padamudipalayam, Paramathivelur Taluk, 6.The Pirkka Sarviyar Officer, Tashildar Office Paramathi Velur Taluk, 7.The Revenue Inspector, Nallur, Kandhampalayam, Paramathi Velur Taluk, Namakkal District 637 203. 8.The Village Administrative Officer, Kunnamalai Village and Post, Paramathi Velur Taluk, Namakkal District 637 203. 9.The Block Development Officer, Paramathi, Paramathi Velur Taluk, 10.The Executive Engineer, Tamil Nadu Power Generation & Power Production & Distribution, Paramathi Velur Taluk, Namakkal District 637 203. 11.The Assistant Executive Engineer Tamil Nadu Generation and Distribution Circle Nallur Kandhapalayam, Paramathi Velur Taluk, Namakkal District 637 203.

12.The Assistant Engineer Tamil Nadu generation and Distribution Circle, Nadanthai Post, Paramathi Velur Taluk, Namakkal District 637 203.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(sra) 08.04.2024