(Order of the Court was made by The Hon'ble Chief Justice) On hearing the learned counsel for parties, it transpires that the petitioner has had the rights of usufructs of trees for couple of decades. It is possible that some area may have been encroached, for which notices were issued and now, a wall has been constructed. However, access to the area, as per the learned Senior Counsel for the petitioner, is still available.
2. In view of the aforesaid facts and circumstances, the District Collector, Perambalur/respondent No.2 may examine this issue whether the arrangement of usufructs for the benefit of the petitioner which has continued for the last couple of decades, may continue without affecting the other rights of the respondents. A decision in this behalf may be taken within a period of two months from the date of receipt of copy of this order.
3. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.Nos.1 and 2 of 2015 are closed.
(S.K.K., CJ.) (M.S., J.) 30.01.2017 Index : Yes/No Internet : Yes/No bbr To 1 The Secretary to Govt.
Public Works Department, Fort St. George, Chennai-600 009.
2 The District Collector, Perambalur District, Perambalur.
3 The Thasildhar, Perambalur Tluk, Perambalur District.
4 The Junior Engineer, Public Works Department , Water Resource Organization, Irrigation Section, Perambalur, Perambalur District.
5 The Administrative Officer, Perambalur Town Panchayat, Perambalur 621 212, Perambalur District.
The Hon'ble Chief Justice and M.Sundar, J.
bbr W.P.No.13859 of 2015 30.01.2017 http://www.judis.nic.in