Periyasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2024 CORAM :

THE HON'BLE MR. JUSTICE P.B.BALAJI AND THE HON'BLE MR. JUSTICE G.ARUL MURUGAN and W.M.P.No.32982 of 2024 1.Periyasamy 2.Vellaiya Gounder 3.Murugan .. Petitioners -vs1. The District Collector, Salem District, Salem.

2. The Revenue Divisional Officer, Sankagiri Revenue Division, Sankagiri, Salem District.

3. The Tahsildhar, Edappadi Taluk, Edappadi,

4. The Revenue Inspector, Chittoor Firka, Chittoor-637 101.

Edappadi Taluk,

5. The Village Administrative Officer, Chittoor Bit - I Revenue Village, Chittoor - 637 101, Edappadi Taluk, 6.Ganesan 7.Senthilkumar 8.Annadurai .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents 1 to 5 to remove the encroachments made by the respondents 6 to 8 in the Odai in S.Nos.803/7 and 803/11, situated at Chittoor Bit-I Village, Edappadi Taluk, Salem District and to restore the Odai to its original position.

For Petitioners : Mr.M.R.Jothimanian For Respondents : Mr.M.Habeeb Rahman Govt. Advocate For R.1 to R.5 * * * * *

ORDER

(Order of the Court was made by P.B.BALAJI, J.) Heard the learned counsel for parties. Considering the limited scope of the writ petition, we deem it fit to dispose of the main writ petition itself.

2. The writ petitioner seeks issuance of a direction to respondents 1 to 5 to remove the encroachment made by respondents 6 to 8 in the Odai in S.Nos.803/7 and 803/11 situated at Chittoor Bit-I Village, Edappadi Taluk, Salem District and to restore the Odai to its original position.

3. Today, across the Bar, the learned counsel for the petitioner has produced the communication of the Block Development Officer, Edappadi, in Na.Ka.No.489/2024/A5 dated 08.10.2024. It is seen from the said communication that the Block Development Officer has directed respondents 6 to 8 to stop further construction activities in S.Nos.803/7 and 803/11.

4. The grievance of the writ petitioner is that despite the said communication, the respondents 6 to 8 are proceeding with the construction activities as on today.

5. However, the learned Government Advocate, on taking notice, undertakes to follow-up the said communication of the Block

Development Officer dated 08.10.2024 made in Na.Ka.No.489/2024/A5 already directing respondents 6 to 8 to stop construction. The learned Government Advocate also submits that suitable action would be taken on the petitioners' representation and needful would be done within a period of two weeks from the date of receipt of a copy of this order.

6. Recording the said submission of the learned Government Advocate, the writ petition is disposed of. No costs. Consequently, W.M.P.No.32982 of 2024 is closed.

(P.B.B., J.) (G.A.M., J.) 09.10.2024 Index : Yes/No NC : Yes/No sr/sra

To

1. The District Collector, Salem District, Salem.

2. The Revenue Divisional Officer, Sankagiri Revenue Division, Sankagiri,

3. The Tahsildhar, Edappadi Taluk, Edappadi,

4. The Revenue Inspector, Chittoor Firka, Chittoor-637 101.

Edappadi Taluk,

5. The Village Administrative Officer, Chittoor Bit - I Revenue Village, Chittoor - 637 101, Edappadi Taluk,

P.B.Balaji, J.

and G.Arul Murugan, J.

(sra) W.P.No.30298 of 2024 09.10.2024