Madras High CourtWP/33273/2023disposed of

V.S.Mahadevan v. The District Collector,

2023-11-24Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.S.Mahadevan ..

Petitioner Vs.

1. The District Collector Erode District, Erode - 11.

2. The Divisional Engineer Erode Division, Erode.

3. The Revenue Divisional Officer Erode Division, Erode - 2.

4. The Tahsildar Kodumudi Taluk Erode District - 638 151.

5. The Assistant Divisional Engineer

6. The Assistant Engineer

7. The Executive Officer Pasur Town Panchayat Pasur, Kodumudi Taluk Erode District - 638 154.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, to call for the records on the file of the fifth respondent impugned notice in Na.Ka.No.510/2023/U dated 25.10.2023 and quash the same and consequently direct the respondents, to conduct the survey and fix the boundaries for demarcation of the land.

For the Petitioner : Mr.K.Karthikeyan For the Respondents : Mr.P.Muthukumar State Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.K.Karthikeyan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for the respondents.

2. Learned counsel for the petitioner submits that S.No.84/17 belongs to the wife of the petitioner and notice was issued to the petitioner to remove the construction over the premises.

3. Admittedly, even according to the petitioner, the petitioner is not the owner of the property. In that event, he can ignore the notice. The one who is the owner of the property and who is affected would have the right to agitate.

4. With these observations, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.33018 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 24.11.2023 Index :

Yes/No :

Yes/No drm