Ezhurpathu Adidravida Aikiya Sangam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2023

CORAM:

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD) No.5101 of 2023 Ezhurpathu Adidravida Aikiya, rep. by its President S.Tamilmaran ... Petitioner Vs

1. The District Collector,

2. The Tahsildar, Thiruppathur Taluk Office,

3. The Executive Officer, National Highways, Karaikudi,

4. The Block Development Officer, Kallal Panchayat Union Office,

5. The President, Kambanoor Village Panchayat, Kallal Panchayat Union Office,

6. Abdul Salam, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the respondents 1 - 5 to remove the encroachment made by 6th respondent in S.Nos.177, 180, Thenkarai Village, Thiruppathur Taluk, Sivagangai District within the time to be stipulated time that may fixed by this Court.

For Petitioners : Mr.S.Kumar For Respondents :

Mr.S.P.Maharajan for R1 to R4 Special Government Pleader Mr.P.Aju Tagore for R6

ORDER

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard Mr.S.Kumar, learned counsel for the petitioner, Mr.S.P.Maharajan, learned Special Government Pleader for the respondent Nos.1 to 4 and Mr.P.Aju Tagore, learned counsel for the respondent No.6.

2. Learned counsel for the petitioner submits that the respondent No.6 has encroached over S.Nos.177 and 180.

3.The learned counsel for the respondent No.6 submits that the respondent No.6 has constructed building in his own patta land bearing S.No.300/11 and has not encroached upon any other land.

4.The learned Special Government Pleader for the respondent Nos.1 to 4 submits that survey would be conducted in S.Nos.177 and 180 and if any encroachment is found, steps would be taken to remove the same expeditiously.

5. In view of that, the writ petition stands disposed of. However, there shall be no order as to costs.

[S.V.G., CJ.] [K.K.R.K, J.] 28.11.2023 NCC : Yes / No Index : Yes / No

RR To

1. The District Collector,

2. The Tahsildar, Thiruppathur Taluk Office,

3. The Executive Officer, National Highways, Karaikudi,

4. The Block Development Officer, Kallal Panchayat Union Office,

THE HON'BLE THE CHIEF JUSTICE and K.K.RAMAKRISHNAN, J.

RR W.P.(MD)No.5101 of 2023 28.11.2023