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Madras High CourtWP/27673/2018disposed of

Chandru v. The District Collector

2023-10-06Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2023 CORAM :

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

Petitioner Vs 1.The District Collector, Namakkal District.

2.The Thasildar, Rasipuram.

3.Natesan ..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 and 2 to take appropriate action to remove the encroachment caused by the third respondent over the property comprised in S.F.No.252/5 Karkoodalpatti Village, Rasipuram Taluk, Namakkal District by considering the representation of the petitioner dated 4.8.2018 and 1.10.2018.

For the Petitioner : Mr.R.Nalliyappan For the Respondents : Mrs.R.Anitha Spl. Government Pleader for respondents 1 and 2 : Mr.R.Neelakandan for respondent No.3

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.R.Nalliyappan, learned counsel for the petitioner; Mrs.R.Anitha, learned Special Government Pleader for respondents 1 and 2; and, Mr.R.Neelakandan, learned counsel for the third respondent.

2.

Learned counsel for the petitioner submits that encroachment is made by the third respondent in Survey No.252/5.

3. Learned Special Government Pleader submits that Survey No.252/5 is classified as an "assessed waste dry land" in the village account. Since encroachment is found in the said land, order under

Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is passed. A suit was filed by the encroacher, however, he could not get any interim order. The encroachment has been removed on 12.12.2018.

4. As the encroachment is removed, nothing survives for consideration in the present writ petition.

5. The writ petition, as such, is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 06.10.2023 Index :

Yes/No Yes/No bbr To 1.The District Collector, Namakkal District.

2.The Thasildar, Rasipuram.

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

bbr 06.10.2023