R.Jayanthi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:06.06.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.No.11082 of 2022 R.Jayanthi

...Petitioner

Vs 1 The District Collector 2 The Revenue Divisional Officer Arakonam, Ranipet District.

3 The Tahsildar Nemili Taluk, Ranipet District.

4 The Village Administrative Officer Kaveripakkam Village, Nemili Taluk 5 E.Parasuraman

...Respondents

Prayer : Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing respondents 1 to 3 to consider my representation dated 10.02.2022 and thereby remove the encroachment made by the 5th respondent in the Government Poramboke Pathway in S.No.1335/8 in Kaveripakkam Village, Nemili Taluk, Ranipet District within a stipulated time.

For the Petitioner : Mr.P.Dinesh Kumar For the Respondents : Mr.J.Ravindran Additional Advocate General assisted by Mr.A.Selvendran Special Government Pleader for respondents 1 to 4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed alleging encroachment of 3 feet public pathway in S.No.1335/8 in Kaveripakkam Village, Nemili Taluk, Ranipet District. The allegation of encroachment has been made against the fifth respondent.

2. Prior to the filing of the writ petition, a representation was given by the petitioner and that too immediately after raising of the alleged construction in the year 2017-2018. The revenue record and map have also been enclosed to substantiate the argument regarding the existence of 3 feet public pathway in the said survey number and also the obstruction made by the fifth respondent.

3. In view of the grievance raised by the petitioner, we find it appropriate to dispose of this writ petition with a direction to the third respondent to consider the representation of the petitioner in the light of the revenue record and map and find out whether any encroachment has been made by the fifth respondent. If any encroachment is found, then, after complying with the process under the law and fair opportunity of hearing, necessary action, as provided under law, be taken to remove the encroachment. The direction above would be taken within a period of three months from the date of receipt of a copy of this order. There will be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To:

1 The District Collector 2 The Revenue Divisional Officer Arakonam, 3 The Tahsildar Nemili Taluk,

4 The Village Administrative Officer Kaveripakkam Village, Nemili Taluk +1cc to the Mr.M.R.Kuyilan Advocate, S.R.No.32161 +1cc to the Government Pleader, S.R.No.33155 [10/06/2022] W.P.No.11082 of 2022 mg(co) aa 09/06/2022