P.Sheakespeare v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.Sheakespeare .. Petitioner Vs 1.The District Collector, District Collectorate, Ariyalur District.
2.The Thasildhar, Udayarpalayam Taluk, Ariyalur District.
3.The Block Development Officer (V.P) Tha.Pazhur Panchayat Union, Tha.Pazhur, Ariyalur District.
4.The President, Venmankondan Village Panchayat, Tha.Pazhur Panchayat Union, Udayarpalayam Taluk, Ariyalur District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 2
to 4 to take appropriate action for removal of all encroachments made in the public roads in SF No.280/22 and 280/33 Venmankondan (West) Village, Udayarpalayam Taluk, Ariyalur District. For the Petitioner : Mr.S.Kamadevan For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Spl. Government Pleader for respondents 1 to 3
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.S.Kamadevan, learned counsel for the petitioner, and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 3.
2. A writ petition has been filed without impleading the person against whom the relief is claimed. Now, learned counsel for the petitioner submits that he will implead the said person as a party.
3. Learned State Government Pleader submits that as far as Survey No.280/22 is concerned, the same is a cart path and S.No.280/23 is a lane. The land claimed by the petitioner as encroachment is extraneous land and it is included in the village records as a "Natham Vandipathi" and "Chandu". It is further submitted that one Karthikeyan of Venimankondan (West) Village had filed a petition to remove the encroachment in S.No.280/33. The said land was measured by the Surveyor and it was found that one Ramasamy's son Govindarasu of Venmankondan Village has encroached by constructing a toilet and wire fence. A court case is pending in the District Munsif Court at Jayakondan for claiming patta to S.No.280/33 classified as "Chandu" by Govindarasu. The said case is under trial.
4. It is further submitted that S.No.280/22 is a cart road. Learned State Government Pleader submits that steps would be taken to remove the encroachment in accordance with the provisions of law.
5. In view of the said statement, no further orders are required to be passed in this writ petition.
The writ petition is disposed of accordingly. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 06.07.2023 Index :
Yes/No Yes/No sasi To:
1.The District Collector, District Collectorate, Ariyalur District.
2.The Thasildhar, Udayarpalayam Taluk, Ariyalur District.
3.The Block Development Officer (V.P) Tha.Pazhur Panchayat Union, Tha.Pazhur, Ariyalur District.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
(sasi) 06.07.2023