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Madras High CourtWP/31088/2023disposed of

Kannagi v. The District Collector

2023-11-16Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Kannagi .. Petitioner vs 1.The District Collector, Villupuram District, Villupuram.

2.The District Revenue Officer, Villupuram District, Villupuram.

3.The Block Development Officer, Melmalayanur District, 4.The Tahsildar,

5.The Panchayat President, 6.Navaneetham 7.C.Suresh 8.C.Vinoth 9.C.Viknesh 10.C.Selvam .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 5 to remove the encroachment from respondents 6 to 10 put in the hut the Road at Periya Theru from the front of petitioner land in Melmalaiyanur Village, Melmalayanur Taluk Villupuram District and restore the pathway based on petitioner's representation dated 20.09.2023.

For the Petitioner : Mr.M.Selvam For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 4 : R5 to R10 - Service awaited

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.M.Selvam, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 4.

2. According to the petitioner, the encroachment exists on the subject writ land. No action is taken by the respondent authorities.

3. Learned State Government Pleader, on instructions, submits that survey was conducted on 15.11.2023 after Form-I submitted by the Tahsildar on 10.11.2023. Notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 is sent to the encroacher on 15.11.2023 and the order under Section 6 of the Act would be served in due course.

4. The government authorities are required to adhere to the provisions of law while taking steps in the matter.

5. With these observations, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 16.11.2023 Index :

Yes/No Yes/No bbr

To 1.The District Collector, Villupuram District, Villupuram.

2.The District Revenue Officer, Villupuram District, Villupuram.

3.The Block Development Officer, Melmalayanur District, 4.The Tahsildar,

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

bbr 16.11.2023