K.Arumugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Arumugam .. Petitioner Vs 1 The District Collector Tiruppur, Tiruppur District.

2 The Revenue Divisional Officer Udumalpet, Tiruppur District.

3 The Tahsildar Madathukulam, Tiruppur District.

4 A.Karthi 5 M.Leelavathi 6 Shanmughavel 7 P.Karupuannan 8 P.Suriyan .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 3rd respondent to remove the encroachment made by respondent Nos.4 to 8 in the "Nilavivyal Vandi Pathai" or pathway comprised in S.No.34/1, 30/2 situated at North Sankaramanallur, Madathukulam Taluk, Tiruppur District by considering his representation dated 23.12.2022. For the Petitioner : Mr.K.Myilsamy For the Respondents : Mrs.R.Anitha Special Government Pleader for respondents 1 to 3

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) Arumugam, son of Kumarasamy Gounder, resident of No.44, Mylapuram, Sankaramanallur, Komaralingam, Madathukulam Taluk, Tiruppur District, has filed this writ petition for issuance of a writ of mandamus directing the third respondent to remove the encroachment made by respondents 4 to 8 in the Nilaviyal Vandi Pathai or pathway comprised in S.No.34/1, 30/2 situated at North Sankaramanallur, Madathukulam Taluk, Tiruppur District by

considering his representation dated 23.12.2022.

2. In support of the prayer made by the petitioner, he has produced a copy of the revenue record showing that the land covered in S.No.34/1 and 30/2 situated at North Sankaramanallur has been classified as "cart track", which has been blocked by respondents 4 to 8. To show the blockage, the petitioner has also produced photographs, which have been seen by us.

3. At this stage, learned Special Government Pleader appearing for the official respondents, by producing a copy of the "A" register, submitted that the land covered in S.No.30/2 and 34/1 has been classified as "Nilaviyal Vandipathai" (cart track) and the blockage/encroachment, if any, by the private respondents will be removed by the officials respondents, for which, she seeks two weeks' time.

4. Recording the submission made by learned Special Government Pleader, the writ petition is disposed of with a direction

to the official respondents to remove the encroachment made by respondents 4 to 8 in the cart track comprised in S.No.34/1 and 30/2 situated at North Sankaramanallur, Madathukulam Taluk, Tiruppur District, within a period of two weeks from the date of receipt of a copy of this order. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 24.01.2023 Index : Yes/No bbr To:

1 The District Collector Tiruppur, Tiruppur District.

2 The Revenue Divisional Officer Udumalpet, Tiruppur District.

3 The Tahsildar Madathukulam, Tiruppur District.

T.RAJA, ACJ.

AND D.BHARATHA CHAKRAVARTHY, J.

bbr 24.01.2023