Madras High CourtWP/13077/2023disposed of

K.Masilamani v. The District Collector

2023-04-28Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.13077 of 2023 K.Masilamani ..

Petitioner Vs.

1. The District Collector Collectorate Kellys Road, Navalpur Ranipet 632 401.

2. The District Revenue Officer Collectorate Kellys Road, Navalpur Ranipet 632 401.

3. The Revenue Divisional Officer Collectorate Kellys Road, Navalpur Ranipet 632 401.

4. The Tahsildar Arakkonam.

5. Pichandi

6. Dhanabackiam

7. Velayutham

8. Venkatesan

9. The Managing Trustee M/s. Sri Senju Lakshmi Amman Temple Narasinghapuram, Kavanur Village (Post) Ranipet District 631 004.

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 4 to remove the encroachments made by the respondents 5 to 9 in the common pathway for the public, comprised in Survey Nos.474/13 and 474/17 of Kavanur Village, leading to the petitioner's property in Survey No.223/9 of Kavanur Village.

For the Petitioner : Mr.B.Damodaran For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 4

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner seeks a direction to the respondents 1 to 4 to remove the encroachments made by the respondents 5 to 9 in the

common pathway for the public, comprised in Survey Nos.474/13 and 474/17 of Kavanur Village, leading to his property in Survey No.223/9 of Kavanur Village.

2. According to the petitioner, he owns land in S.Nos.474/16, 474/15, 223/9, Kavanur Village. The respondents 5 to 9 have encroached his land of an extent of 300 sq.ft. in S.No.223/9 and in S.Nos.474/7, 474/13 and 474/17, which is a common pathway used by the general public, under the guise of building a temple. The Adangal extract and FMB sketch show that the land in question is a pathway.

3. Mr.P.Muthukumar, learned State Government Pleader, submitted that the official respondents will remove the encroachments, if any, after conducting survey.

4. In view of the above submission, the writ petition is disposed of directing the official respondents to conduct a survey and if any encroachment is found, the same shall be removed after issuing notice

to the encroachers. The entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 28.04.2023 Index : Yes/No : Yes/No kpl To

1. The District Collector Collectorate Kellys Road, Navalpur Ranipet 632 401.

2. The District Revenue Officer Collectorate Kellys Road, Navalpur Ranipet 632 401.

3. The Revenue Divisional Officer Collectorate Kellys Road, Navalpur Ranipet 632 401.

4. The Tahsildar Arakkonam.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) 28.04.2023