Mayalagan @ Mayalaganpoosari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Mayalagan @ Mayalaganpoosari ... Petitioner -vs1.The District Collector Collectorate, Dindigul 2.The Revenue Divisional Officer O/o.R.D.O.

Dindigul District 3.The Tahsildar Natham Taluk Dindigul District 4.Alagan @ Chinnaiah ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to survey the land in Poosthi Odai and Car-track in midst of Survey No.216/7, 216/7A, 216/7B and other survey numbers in Kasampatti Village in Reddiyapatti in Natham Taluk, Dindigul District and remove the encroachment by the fourth respondent on

the odai and car-track and restore the same in its original state and take effective steps to prevent any further encroachment by the fourth respondent and his men, within a time stipulated by this Court. For Petitioner :

Mr.S.Sivailayaraja For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R3 Mr.S.Anwar Sameem for R4

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the respondents 1 to 3 to survey the land in Poosthi Odai and cart track in the midst of Survey Nos. 216/7, 216/7A, 216/7B and other survey numbers in Kasampatti Village in Reddiyapatti in Natham Taluk, Dindigul District, remove the encroachment made by the fourth respondent on the odai and cart track, restore the same to its original position and take effective steps to prevent any further encroachment by the fourth respondent and his men, within a time stipulated by this Court.

2. Learned Government Pleader appearing for the respondents 1 to 3, on instructions, would submit that the encroachment made by the fourth respondent, as alleged by the petitioner, has already been removed, after

conducting a survey of the subject land and therefore, nothing survives for adjudication in this writ petition.

3. Learned counsel for the petitioner has refuted the above submission of the learned Government Pleader.

4. If the statement made by the learned Government Pleader appearing for the respondents 1 to 3 is incorrect, it is open to the petitioner to approach the authority concerned with relevant materials and redress his grievance in the manner known to law.

5. With the above observation, this writ petition is disposed of. No costs.

[D.K.K., J.] [R.V., J.] 03.01.2024 NCC :

Yes / No Index :

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Yes / No krk

To:

1.The District Collector, Collectorate, Dindigul.

2.The Revenue Divisional Officer, O/o.R.D.O., Dindigul District.

3.The Tahsildar, Natham Taluk, Dindigul District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk 03.01.2024