S.Mayakrihnan v. The District Collector And Inspector Of Panchayats,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2019 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.33449 of 2018 S.Mayakrishnan .. Petitioner -vs1.The District Collector and Inspector of Panchayats, 2.The Tahsildhar, Dharmapuri Taluk, Dharmapuri, 3.The Block Development Officer / Commissioner, Dharmapuri Panchayat Union, Dhamapuri, 4.Ramasamy .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1 to 3 to remove the encroachments made by the 4th respondent in the Chinnakampatti Government Elementary School lands in S.No.950/14, situated at Chinnakampatti, Adagapadi Revenue Village, Dharmapuri Taluk, Dharmapuri District and to restore the school land forthwith.

For Petitioner :

Mr.M.R.Jothimanian For Respondents :

Mr.V.Jayaprakash Narayanan Govt. Pleader (i/c.) for RR 1 to 3 :

No appearance for R-4 * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Heard the learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.), appearing for respondent nos.1 to 3.

2.The petitioner is seeking directions to respondent nos.1 to 3, i.e., The District Collector, The Tahsildar and The Block Development Officer, of Dharmapuri District, to remove the encroachment made by the 4th respondent in the Chinnakampatti Government Elementary School lands in S.No.950/14, situated at Chinnakampatti, Adagapadi Revenue Village, Dharmapuri Taluk, 3.The learned Government Pleader (i/c.) has tendered the counter-affidavit of respondent no.2, i.e., Tahsildar, Dharmapuri Taluk, Dharmapuri District, wherein it is stated that the Surveyor has surveyed the said land in question and the survey report established that there is no encroachment in S.No.950/14 and the same is in S.F.No.951 which is classified as Path Poramboke Govt. land. It is further stated that after finding that the encroachment is in S.F.No.

951, which is classified as Path Poramboke Govt. land as per Revenue records, notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, has been issued by the 2nd respondent on 11.01.2019 to the 4th respondent. The learned Government Pleader (i/c.) submitted that thereafter they will proceed in accordance with law. In view of the above facts, no further directions are necessary. The writ petition is, accordingly, closed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.

2.The Tahsildhar, Dharmapuri Taluk, Dharmapuri, 3.The Block Development Officer / Commissioner, Dharmapuri Panchayat Union, Dhamapuri, +1cc to Mr.V.Jayaprakash Narayanan, Advocate sr.no.12791 +1cc to Government Pleader sr.no.13403 +1cc to Mr.M.R.Jothimanian, Advocate sr.no.12756 W.P.No.33449 of 2018 mr(co) nr 14/03/2019