M.Shivamadappa v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2025 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY M.Shivamadappa .. Petitioner Vs 1.The District Collector Office of the District Collector Krishnagiri - 635 115.

2.The Sub Collector The Office of the Sub Collector Hosur, Krishnagiri - 635 109.

3.The Tahsildar Taluk Office, Anchetty Krishnagiri - 635 102.

4.The Block Development Officer Office of the BDO Thally, Krishnagiri - 635 118.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the respondents to consider and

remove the illegal construction in the public pathway situated in Survey Nos.526 and 528 in Taggati Village, Anchetty Taluk, Krishnagiri District and arrange proper road facility.

For Petitioner : Mr.V.Vasudevan for M/s.P.Radhika For Respondents : Mr.A.Edwin Prabhakar State Government Pleader Assisted by Mrs.E.Ranganayaki Additional Government Pleader

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Mr.Edwin Prabhakar states, after the last hearing, survey has been conducted and a report dated 28.01.2025 has been prepared. Copy of the report is at Serial No.5 of a typed set being filed by the first respondent.

2. Mr.Prabhakar states that the survey was conducted in the presence of the petitioner and even the petitioner is supposed to have encroached. He states that notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 has been issued to all encroachers including the petitioner and

further process will be completed expeditiously.

3. Mr.Vasudevan appearing for the petitioner states the petitioner will have the encroachments removed voluntarily, as per the assurance given by him to this Court and recorded in Para 7 of the order dated 09.01.2025.

4. In view of the statement made by Mr.Prabhakar as well as Mr.Vasudevan, the petition is disposed of. There shall be no order as to costs.

(K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 30.01.2025 Index :

Yes/No NC :

Yes/No KST

To 1.The District Collector, Office of the District Collector Krishnagiri - 635 115.

2.The Sub Collector, The Office of the Sub Collector Hosur, Krishnagiri - 635 109.

3.The Tahsildar, Taluk Office, Anchetty Krishnagiri - 635 102.

4.The Block Development Officer Office of the BDO, Thally, Krishnagiri - 635 118.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

(KST) 30.01.2025