Karunakaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Karunakaran ... Petitioner -vs1.The District Collector Sivagangai District 2.The Tahsildar Devakottai Taluk Sivagangai District 3.The President Thidakottai Village Panchayat Devakottai Panchayat Union Sivagangai District 4.The Executive Officer Devakottai Panchayat Union Devakottai, Sivagangai District 5.Venkatachalapathy ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to remove the encroachment made by the fifth respondent in Survey No.207/10, situated at Pagayani Village, Pagayani Group, Devakottai Taluk, by considering the representation of the petitioner dated 12.12.2021. For Petitioner :

Mr.J.Anandkumar For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R4 Mr.N.S.Karthikeyan for R5

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 to 4 to remove the encroachment made by the fifth respondent in Survey No.207/10 of Pagayani Village, Pagayani Group, Devakottai Taluk, based on the representation of the petitioner dated 12.12.2021.

2. Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 to 4, on

instructions, submitted that there is no encroachment made by the private respondent in the subject land, as projected by the petitioner and to that effect, he has also produced photographs of the subject area, before this Court.

3. The above submission of the learned Special Government Pleader is not refuted by the learned counsel for the petitioner.

4. Recording the above submission of the learned Special Government Pleader and granting liberty to the petitioner to approach the authority concerned, if any further encroachment is noticed, the writ petition is closed. No costs.

[R.M.D., J.] [J.S.N.P., J.] 28.10.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Sivagangai District.

2.The Tahsildar, Devakottai Taluk, Sivagangai District.

3.The President, Thidakottai Village Panchayat, Devakottai Panchayat Union, Sivagangai District.

4.The Executive Officer, Devakottai Panchayat Union, Devakottai, Sivagangai District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 28.10.2022