Jamuna v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Jamuna ..
Petitioner Vs.
1. The District Collector Dharmapuri District Dharmapuri.
2. The Revenue Divisional Officer Harur Dharmapuri District.
3. The Tahsildar Harur Dharmapuri District.
4. Venkatachalam ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent as found in Survey No.46/7 to the extent of 0.45.5 hectares of the Palayam
Village, Gudalur Post, Harur Taluk, Dharmapuri District being a cart track within a time frame.
For the Petitioner : Mr.J.Pradeep For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondents 1 to 3
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.J.Pradeep, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 to 3.
2. The facts in the matter are not clear. It is submitted that S.No.46/7 is a Grama Natham, i.e. Government land. The same is used as pathway. The owners of adjoining area have encroached upon the same and have blocked the pathway.
3. We have perused the representations given by the petitioner
from time to time. It appears that there is some dispute with regard to the use of pathway.
4. In the light of that, the petitioner may approach the competent civil Court with regard to her grievance. In that event, all contentions are kept open.
5. The writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 24.07.2023 Index :
Yes/No :
Yes/No kpl To
1. The District Collector Dharmapuri District, Dharmapuri.
2. The Revenue Divisional Officer Harur, Dharmapuri District.
3. The Tahsildar Harur, Dharmapuri District.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 24.07.2023