R. PERIYASAMY Vs. DISTRICT COLLECTOR, ERODE

JUDGEMENT

(1.) The writ petition has been filed to seek a direction on the respondents to remove the encroachment in S.Nos.568, 569 and 570 of the Chennasamuthiram Village, Kodumudi Taluk, Erode District.

(2.) Learned Additional Advocate-General submits that the land in S.Nos.568, 569 and 570 are patta lands, and thus, the writ petition has been erroneously filed to seek removal of possession from the patta land, which cannot otherwise be said to be encroachment.

(3.) Learned counsel for the petitioner submits that in fact, reference of the survey numbers was given to seek a direction for maintenance of the canal, as it is disappearing because of the encroachment. The canal lies between S.Nos.560 and 561 and similarly on the boundaries of S.Nos.569 and 570, and even touching S.No.568. Thereby, the purpose of filing of the writ petition was to seek maintenance of the canal after making it free from encroachment.