Gopalakrishnan v. The District Collector

W.P.[MD]No.11370 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.[MD]No.11370 of 2021 Gopalakrishnan ... Petitioner Vs.

1.The District Collector, Karur, Karur District.

2.The Block Development Officer, Panchayat Union, Krishnarayapuram, Karur District.

3.The Tahsildhar, Krishnarayapuram Taluk, Karur District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents forthwith to remove the encroachment made in Government Salai Poramboke comprised in Survey No.25/1, Pillapalayam Village, Krishnarayapuram Taluk, Karur District.

For Petitioner : Mr.M.Karunanithi For Respondents No.1 and 3 : Mr.A.K.Manickam, Standing Counsel for Govt.

For Respondent No.2 :Mr.K.S.Selva Ganesan

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] With the consent on either side, the Writ Petition itself is taken up for final disposal.

2.Heard Mr.M.Karunanithi, learned Counsel appearing for the petitioner, Mr.A.K.Manickam, learned Standing Counsel for Government appearing for respondents 1 and 3 and Mr.K.S.Selva Ganesan, learned Counsel appearing for the second respondent.

3.The petitioner has filed this Writ Petition seeking for a direction upon the respondents to remove the encroachment made in Government Salai Poramboke comprised in Survey No.25/1, Pillapalayam Village, Krishnarayapuram Taluk, Karur District. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.11370 of 2021 4.Pursuant to the representation given by the petitioner, a survey has been conducted and notices have been issued. Learned Counsel for the second respondent submitted that petitioner is also an encroacher. If that is so, notice should be issued to the petitioner also. After following the appropriate procedure and issuing notice to the encroachers, action be taken in accordance with law.

5.Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) MR 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, Karur, Karur District.

2.The Block Development Officer, Panchayat Union, Krishnarayapuram, Karur District.

3.The Tahsildhar, Krishnarayapuram Taluk, Karur District.

+1 CC to M/s.SPL GP ( SR-22127[F] dated 12/07/2021 ) W.P.[MD]No.11370 of 2021 09.07.2021 SRK(CO) RD (16.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2