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Madras High CourtWP/33176/2022dismissed

Abilash v. The District Collector

2023-03-13Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.33176 of 2022 Abilash ..

Petitioner Vs.

1. The District Collector Krishnagiri District Krishnagiri 635 001.

2. The Revenue Divisional Officer/Sub Collector Hosur, Krishnagiri District.

3. The Tahsildar Denkanikottai Taluk Denkanikottai, Krishnagiri District.

4. The Assistant Engineer (O&M) Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Javalagiri, Denkanikottai Taluk Krishnagiri District.

5. The Village Administrative Officer Jawlagiri Village, Jawlagiri Denkanikottai Taluk Krishnagiri District.

6. The Sub Inspector of Police Thally Police Station Thally, Krishnagiri District.

7. C.Maathi Reddy

8. C.Muni Reddy

9. C.Seenivasa Reddy 10.C.Janarthana Reddy 11.T.Rajendiran 12.T.Chikkaswamy 13.T.Ramesh 14.T.Anandaachari 15.T.Vannaachari ..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 4 to remove the encroachments of the respondents 7 to 15 over the common pathway situated at S.No.44/1 of Jawlagiri Revenue Village, Marupalli Post, Denkanikottai Taluk, Krishnagiri District so enable the petitioner and his family members to freely reach their house based on the petitioner's representations dated 06.06.2022 and 02.08.2022 and the Tamil Nadu Land Encroachment Act, 1905.

For the Petitioner : Mr.A.Prakash For the Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.A.Selvendran for Respondents 1 to 6

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner seeks a direction to the respondents 1 to 4 to remove the encroachments made by the respondents 7 to 15 in the common pathway situated at S.No.44/1 of Jawlagiri Revenue Village, Marupalli Post, Denkanikottai Taluk, Krishnagiri District to enable the petitioner and his family members to freely reach their house based on his representations dated 06.06.2022 and 02.08.2022 and as per the Tamil Nadu Land Encroachment Act, 1905.

2. Learned Additional Advocate General, referring to the written instructions dated 15.12.2022, submitted that the encroachment made in the common pathway in S.No.44/1, which is classified as Grama Natham, has been removed in the presence of the petitioner as well as general public.

3. In view of the submission that the encroachment, as stated by the petitioner, has been removed, nothing survives in the writ petition. Accordingly, this writ petition is dismissed. There will be no

order as to costs. Consequently, WMP Nos.32588, 32593 and 32594 of 2022 are also dismissed.

(T.R., ACJ.) (D.B.C., J.) 13.03.2023 Index : Yes/No : Yes/No kpl To

1. The District Collector Krishnagiri District, Krishnagiri 635 001.

2. The Revenue Divisional Officer/Sub Collector Hosur, Krishnagiri District.

3. The Tahsildar Denkanikottai Taluk Denkanikottai, Krishnagiri District.

4. The Assistant Engineer (O&M) Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) Javalagiri, Denkanikottai Taluk, Krishnagiri District.

5. The Village Administrative Officer Jawlagiri Village, Jawlagiri Denkanikottai Taluk, Krishnagiri District.

6. The Sub Inspector of Police Thally Police Station Thally, Krishnagiri District.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) 13.03.2023