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Madras High CourtWP(MD)/10030/2022disposed of

Krishnamoorthy v. The District Collector

2022-05-19Honourable Mr Justice Abdul Quddhose,Honourable Mrs Justice S.Srimathy2 pages

W.P.[MD]No.10030 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.[MD]No.10030 of 2022 Krishnamoorthy ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Thanjavur District.

2.The Tahsildar, Office of the Tahsildar, Orathanadu, Thanjavur District.

3.The Block Development Officer, Office of the Block Development Officer, Orathanadu, Thanjavur District.

4.Ganesan 5.Lakshmi ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent Nos.1 to 3 to take appropriate action against the respondents 4 and 5 regarding the illegal construction of the house and encroachment in the public road situated in the Arumulai Village, Orathanadu Taluk, Thanjavur District, in the light of the petitioner's representation, dated 10.03.2022.

For Petitioner : Mr.K.Pragadeesh Kumar For Respondents : Ms.D.Farjana Ghoushia for R1 to R3 Special Government Pleader

O R D E R

*********** [Order of the Court was made by ABDUL QUDDHOSE, J.] This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 to 3 to take appropriate action against the respondents 4 and 5, regarding the alleged illegal construction of the house and encroachment in the public road https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.10030 of 2022 situated in Arumalai Village, Orathanadu Taluk, Thanjavur District, based on the petitioner's representation, dated 10.03.2022. 2.Today, the learned Special Government Pleader appearing for the respondents 1 to 3, on instructions, would submit that the official respondents have already initiated action against the respondents 4 and 5 in respect of the encroachment made by them and Form VI and VII notices have already been issued as per the provisions of the Land Encroachment Act, 1905, against the respondents 4 and 5.

3.Since the legal action has been initiated by the official respondents against the encroachers namely the respondents 4 and 5, this writ petition is disposed of after recording the submissions made by the learned Special Government Pleader today, which is also evidenced by the production of Form VI and Form VII notices issued under the provisions of the Land Encroachment Act, 1905. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Office of the District Collector, Thanjavur District.

2.The Tahsildar, Office of the Tahsildar, Orathanadu, Thanjavur District.

3.The Block Development Officer, Office of the Block Development Officer, Orathanadu, Thanjavur District.

+1 CC to M/s.SPL.GP ( SR-23919[F] dated 20/05/2022 ) W.P.[MD]No.10030 of 2022 19.05.2022 RK(02/06/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2