Ganesan C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN and W.M.P.(MD) No.9303 of 2023 C.Ganesan ... Petitioner -vs1.The District Collector Tirunelveli District Tirunelveli 2.The Sub Collector / Revenue Divisional Officer Cheranmahadevi 3.The Tahsildar Cheranmahadevi Taluk Cheranmahadevi 4.Balamani ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent upon the public pathway in

Survey No.1870/24, Old Survey No.1213/1 Part, Cheranmahadevi Village, Cheranmahadevi Taluk, Tirunelveli District forthwith. For Petitioner :

Mr.J.Parekh Kumar For Respondents :

Mr.T.Amjad Khan Government Advocate for R1 to R3 Mr.G.Arumugaraja for R4

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.J.Parekh Kumar, learned counsel for the petitioner, Mr.T.Amjad Khan, learned Government Advocate for the respondents 1 to 4 and Mr.G.Arumugaraja, learned counsel for the fourth respondent.

2. It is submitted by the learned counsel for the petitioner that the State Authority has already initiated steps for removal of encroachment by issuing a notice in January, 2023.

3. Learned Government Advocate appearing for the respondents 1 to 3 submits that in case encroachment is found and the explanation of the person is not found to be satisfactory, then order under Section 6 of the Tamil

Nadu Land Encroachment Act, 1905, would be passed within a period of four weeks from today.

4. In view of the said statement, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.V.G., .C.J.] [K.K.R.K., J.] 28.11.2023 (2/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Sub Collector / Revenue Divisional Officer, Cheranmahadevi.

3.The Tahsildar, Cheranmahadevi Taluk, Cheranmahadevi.

THE HONOURABLE CHIEF JUSTICE and K.K.RAMAKRISHNAN , J.

krk and W.M.P.(MD) No.9303 of 2023 28.11.2023 (2/2)