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Madras High CourtWP/106/2024disposed of

A.Murugesan v. The District Collector

2024-01-08Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2024 CORAM :

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

Petitioner Vs.

1. The District Collector Dharmapuri.

2. The Revenue Divisional Officer Harur, Dharmapuri District.

3. The Tahsildar Harur Taluk, Dharmapuri District.

4. Indrani

5. Murugan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing 1st to 3rd respondents to remove the encroachments and the obstruction caused by the 4th and 5th respondent created in S.No.132 (Sub Division 132/1. 132/2A and 132/3) of the Odasalpatti Village, Harur Taluk, Dharmapuri District, being a 'Government cart track'.

For the Petitioner : Mr.J.Pradeep For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.J.Pradeep, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 3.

2. Learned counsel for the petitioner submits that encroachment has been caused by respondents 4 and 5 in S.No.132 of the Odasalpatti Village, Harur Taluk, Dharmapuri District. The petitioner is praying for removal of the encroachment, which according to the petitioner is a Nilaviyal Pathai.

3. The petitioner may approach the Committee constituted under the Government Order bearing G.O.Ms.No.64 dated 08.02.2022. If such application is filed by the petitioner, the Committee may consider the said application on its own merits and in accordance with law and also after observing the principles of natural

justice.

4. In light of the above, the writ petition stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 08.01.2024 Index :

Yes/No :

Yes/No drm To

1. The District Collector Dharmapuri.

2. The Revenue Divisional Officer Harur, Dharmapuri District.

3. The Tahsildar Harur Taluk, Dharmapuri District.

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

(drm) 08.01.2024