Madras High CourtWP(MD)/13920/2022disposed of

Selvaraj v. The District Collector

2024-02-27Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.13920 of 2022 Selvaraj ... Petitioner -Vs1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Aranthangi Taluk, Pudukkottai District.

3.The Block Development Officer, Aranthangi Panchayat Union, Pudukkottai District.

4.Silambayee 5.Thamban 6.Chockalingam 7.Packiyaraj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to remove the encroachment made by the respondents 4 to 7 in Survey No.315/32, situated at Paruthini Village, Puthuvakkottai Post, Aranthangi Taluk, Pudukkottai District and lay pathway to

enable the petitioner and others to reach their respective houses and main road by considering the petitioner's representation dated 08.07.2021. For Petitioner : Mr.D.Venkatachalam For R1 & R2 : Mr.J.Ashok, Additional Government Pleader For R3 : Mr.S.P.Maharajaran, Special Government Pleader

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] Today, when the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 and 2, by producing the proceedings of the 2nd respondent, submitted that notices under Sections 6 and 7 of the Tamil Nadu Land Encroachment Act, 1905 have been served to the encroachers and some of the encroachers filed a suit in O.S.No.235 of 2023 before the District Munsif Court, Aranthangi seeking permanent injunction. Therefore, the authorities concerned are not able to proceed further. He further undertakes that the official respondents will act upon the directions to be issued by the competent civil Court before which the suit filed by the alleged encroachers is pending.

2.In view of the above submissions, this Writ Petition stands disposed of. No costs.

[D.K.K., J.] & [R.V., J.] 27.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, Aranthangi Taluk, Pudukkottai District.

3.The Block Development Officer, Aranthangi Panchayat Union, Pudukkottai District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.13920 of 2022 27.02.2024