← Library
Madras High CourtWP/32116/2022disposed of

R.Balamurugan v. The District Collector

2024-04-02Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD R.Balamurugan : Petitioner Vs 1.The District Collector, Erode District 2.The Revenue Divisional Officer Erode Division, Erode-638 001.

3.The Tahsildar Modakkurichi Taluk, Erode District - 638104.

4.The Block Development Officer Modakkurichi Block Erode District - 638104.

5.The President Enjampalli Panchayat Modakkurichi Taluk Erode District - 638104.

6.The Inspector of Police Malayampalayam Police Station Erode District - 638154.

7.V.Manoharan : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 6 to remove the

encroachment in S.Nos.807/15 and 807/2(Concrete Pathway Government Poromboke) Enjampalli Village, Modakkurichi Taluk, Erode District encroachment made by the 7th respondent and further direct the respondents to maintain the road/pathway without any encroachment and to maintain freely to reach the petitioner villagers to their own houses For Petitioner :

No appearance For Respondents 1 to 6 :

Mr.T.K.Saravanan, Government Advocate For Respondent No.7 :

Mr.J.Titus Enock

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner.

2. Mr.J.Titus Enock, learned counsel appearing for the seventh respondent submits that the encroachment has been removed from S.No.807/15. He further submits that S.No.807/2 is a patta land.

3. Mr.T.K.Saravanan, learned Government Advocate also submits that encroachment has been removed from S.No.807/15 and in S.No.807/2, private respondent himself has removed the encroachment. As on today, there is no encroachment.

4. In view of the same, the writ petition stands disposed of. There shall be no order as to costs. Consequently, WMP No.3547 of 2023 is closed.

(S.V.G., CJ.) (J.S.N.P., J.) 02.04.2024 Index : Yes/No : Yes/No tar To 1.The District Collector, Erode District 2.The Revenue Divisional Officer Erode Division, Erode-638 001.

3.The Tahsildar Modakkurichi Taluk, Erode District - 638104.

4.The Block Development Officer Modakkurichi Block, Erode District - 638104.

5.The President Enjampalli Panchayat Modakkurichi Taluk Erode District - 638104.

6.The Inspector of Police Malayampalayam Police Station Erode District - 638154.

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

(tar) 02.04.2024