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Madras High CourtWP/19725/2017disposed of

K.Srinivasan, v. The District Collector,

2023-06-26Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.Srinivasan ..

Petitioner Vs.

1. The District Collector Collectorate, Namakkal.

2. The Revenue Divisional Officer Namakkal Division, Namakkal.

3. The Tahsildar Rasipuram Taluk Namakkal District.

4. V.Selvaraj

5. Santhakumari

6. G.Pradeep ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the third respondent to cancel

the patta No.130 now standing in the name of fifth and sixth respondents in respect of "Odai Poramboke" in S.F.No.73-2C, Palanthinnipatti Village, Rasipuram Taluk, Namakkal District and consequently, direct the third respondent to remove the encroachments in "Odai Poramboke" situated in S.F.No.73/2C in Palanthinnipatti Village, Rasipuram Taluk, Namakkal District within a time frame fixed by this Hon'ble Court.

For the Petitioner : Mr.R.S.Sivaram For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondents 1 to 3 Mr.M.R.Thangavel for Respondents 4 to 6

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.S.Sivaram, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 to 3 and Mr.M.R.Thangavel, learned counsel for the

respondents 4 to 6.

2. Learned Government Pleader, on instructions, submits that the land was measured. It is a patta land. But, odai is running through the patta land, wherein, the petitioner and the respondents 4 to 6 had made encroachments. The Government would take steps to remove them.

3. In view of the said statement, no further orders are necessary. The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 26.06.2023 Index :

Yes/No :

Yes/No kpl To

1. The District Collector Collectorate, Namakkal.

2. The Revenue Divisional Officer Namakkal Division, Namakkal.

3. The Tahsildar, Rasipuram Taluk, Namakkal District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 26.06.2023