Vijaya v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2023 CORAM :

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

Petitioner Vs.

1. The District Collector Salem, Salem District.

2. The Tahsildar Taluk Office, Omalur Taluk Salem District.

3. The Village Administrative Officer Kottagoundampatty, Omalur Taluk Salem District.

4. The Panchayat President Kottagoundampatty Village Omalur Taluk, Salem District.

5. Gopal ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 4 to remove the encroachment made by the fifth respondent on the public pathway in S.No.127/7 at Kottagoundampatty Village, Omalur Taluk by considering the petitioner's representation dated 19.06.2023. For the Petitioner : Mr.M.Elango For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.Elango, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 3.

2. Encroachment is alleged on the public pathway.

3. Learned State Government Pleader submits that the land would be surveyed/measured and depending upon the survey report, further action would be undertaken in accordance with law.

b

4. In view of the said submissions, the writ petition stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 01.11.2023 Index :

Yes/No :

Yes/No drm To

1. The District Collector Salem, Salem District.

2. The Tahsildar Taluk Office, Omalur Taluk Salem District.

3. The Village Administrative Officer Kottagoundampatty, Omalur Taluk Salem District.

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

(drm) 01.11.2023