ORDER
(Made by the Hon'ble Chief Justice) We have heard Mrs.Dakshayini Reddy, learned senior counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader, for the respondents.
2. The petitioner is challenging the notice dated 28.08.2023 issued under Section 6 of the Tamil Nadu Land Encroachment Act,
1905.
3. The learned Senior Advocate for the petitioner submits that the land is being used as 'Pavadi' since time immemorial. A small fencing was done to protect the proper use of the land.
4. The learned Special Government Pleader, on instructions
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from the Tahsildar, submits that the respondents have no objection for the use of the land as 'Pavadi' by the petitioner, however, as the petitioner has fenced the land, it causes difficulty and inconvenience to the villagers and that may be removed. It is accepted by the learned Special Government Pleader that in the writ subject land, no pathway exists.
5. The petitioner is entitled to use the subject writ land as 'Pavadi' and the respondents have no objection for the same. The petitioner shall remove the fencing and that will put an end to the dispute and the petitioner may use the subject writ land as 'Pavadi'. The same is also accepted by the respondents.
With this observation, the writ petition is disposed of. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed.
(S.V.G., CJ.) (D.B.C., J.)
17.11.2023
Index : Yes/No Neutral Citation : Yes/No sra
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THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(sra)
To
1. The District Collector, Erode, Erode District.
2. The Revenue Divisional Officer, Gobichettipalayam, Erode District.
3. The Tahsildar, Gobichettipalayam, Erode District.
4. The Revenue Inspector, Kasipalayam Circle, Gobichettipalayam Taluk, Erode District. WP No.32101 of 2023
17.11.2023
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