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Madras High CourtWP/4982/2023disposed of

R.Rajamani v. The District Collector

2023-07-31Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU R.Rajamani ..

Petitioner Vs.

1. The District Collector Namakkal District Namakkal.

2. The Tahsildar Rasipuram Taluk Namakkal District.

3. The Trustee Arulmigu Mariamman Kovil Karkoodal Patti, Bit-1 Mettala Rasipuram Taluk Namakkal District.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 and 2 to remove the encroachment made in S.Nos.214/15, 16 and 31

Karkoodal Patti Village, Rasipuram Taluk as per the representation dated 02.12.2022 within the time stipulated.

For the Petitioner : Mr.M.Devaraj For the Respondents : Mrs.R.Anitha Special Government Pleader for Respondents 1 & 2 Not ready in Notice for Respondent-3

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Devaraj, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 and 2.

2. The petitioner alleges encroachment in the pathway by the third respondent.

3. Learned Special Government Pleader, on instructions, submits that as far as S.No.214/15 is concerned, the same is

classified as temple land. S.No.214/16 is classified as radio room in village record. There is no individual encroachment in the said pathway. S.No.214/31 is classified as a pathway in the village record and is being used as pathway by the public. On the west side of the above field, the petitioner made encroachment by constructing a compound wall and cattle shed in the patta land. If the compound wall is removed by the petitioner herself, there is no hindrance in going to her patta land. If at all there is an encroachment on the pathway S.No.214/16, the State authority shall take action in respect of the said encroachment in accordance with law expeditiously.

4. The writ petition is disposed of accordingly. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 31.07.2023 Index :

Yes/No :

Yes/No kpl

To

1. The District Collector Namakkal District Namakkal.

2. The Tahsildar Rasipuram Taluk Namakkal District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 31.07.2023