Madras High CourtWP/20209/2016disposed of

V.Lakshmanan v. The District Collector,

2023-01-23Honourable Mr Justice R. Mahadevan,Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.01.2023

CORAM

THE HONOURABLE Mr.JUSTICE R.MAHADEVAN AND THE HONOURABLE Mr.JUSTICE MOHAMMED SHAFFIQ V.Lakshmanan .. Petitioner Vs.

1.The District Collector Villupuram District, Villupuram 2.The Tahsildar Melmalayanur Taluk, Melmalayanur Villupuram District 3.N.Rajendran S/o.Nagappan, Kuduvampoondi Village Melmalayanur Taluk, Villupuram District .. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF MANDAMUS directing the first and second respondents to consider the petitioner's representation dated 07.04.2016 and take suitable action to remove the encroachment caused in the cart track in Survey No.26 situated at Kuduvampoondi Village, Melmalayanur Taluk, Villupuram District.

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For Petitioner : Mr.C.Munusamy For RR 1 and 2 : Mr.A.Selvendran Special Government Pleader

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This writ petition has been filed by the petitioner seeking a direction to the first and second respondents to consider his representation dated 07.04.2016 and to evict the encroachment caused in the cart track in Survey No.26 situated at Kuduvampoondi Village, Melmalayanur Taluk, Villupuram District.

2.When the matter was taken up for consideration, the learned Additional Government Pleader appearing for the respondents 1 and 2 drew the attention of this Court to the counter affidavit filed by the second respondent, wherein it has been stated that the Survey No.26 situated at Kuduvampoondi Village, Melmalayanur Taluk, Villupuram District is a patta land and on verification of the revenue records, it was found that there is no cart track in the said survey number. Thus, according to the learned counsel, there is no encroachment as alleged by the petitioner. 2/4

3.In reply, the learned counsel for the petitioner sought liberty to the petitioner to approach the authorities concerned to work out his remedy in the manner known to law.

4.Granting such liberty to the petitioner, this writ petition stands disposed of. No costs.

[R.M.D., J.] [M.S.Q., J.] 23.01.2023 Index: Yes / No Speaking order / Non-speaking order nsd/ay To 1.The District Collector Villupuram District, Villupuram 2.The Tahsildar Melmalayanur Taluk, Melmalayanur Villupuram District 3/4

R.MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

nsd 23.01.2023 4/4