S.P. THANGAVELU Vs. DISTRICT COLLECTOR AND OTHERS

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner, Learned Government Advocate for the Respondent Nos. 1 to 3 and Learned Additional Government Pleader for Respondent No. 4.

(2.) To avoid an avoidable delay, notice to the 5th Respondent is dispensed with. Further, no prejudice will be caused to the 5th Respondent because of the fact that this Court in disposing of the present Writ Petition by directing the 1st Respondent/the District Collector, Salem District, Salem to hear the 5th Respondent herein, also, to issue notice to him and hear his objections, at the time of disposing of the pending Appeal. As such, it is lucidly made quite clear that no adverse findings are rendered either against the Petitioner or against the 5th Respondent in the Writ Petition.

(3.) According to the Petitioner, 5th Respondent had filed a Writ Petition before this Court under the Caption 'Public Interest Litigation' seeking issuance of a direction by this Court to the Respondents 1 to 3 therein to demolish the construction of marriage hall and to remove the encroachment made by the 4th and 5th Respondents in respect of Government Poramboke Land situated in Old Survey No. 171/2 (New S. No. 333 Sub Division Nos.13 and 14) in Tharamangalam Village, Salem District and to restore the land to its original position.