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Madras High CourtWMP/15885/2019disposed of

Avdivaragan Chandrasekaran v. The Secretary

2019-06-17Honourable Mr Justice P.D.Audikesavalu2 pages

W.P No.15885 of 2019 and W.M.P. No.15699 of 2019 V. BHAVANI SUBBAROYAN, J.

The learned counsel for the petitioner submits that even in survey No.218/6, there is also encroachment by the third parties to an extent of 5.8 meters breath and 2.4 meters width.

2. The Map for the site was produced by the surveyor in survey No.219/1 of Vilambur Village. There is a road coming from 219/3, 219/2 in survey No.219/4 stated as Pathai and in survey No.219/1, 6.2. Mtrs is alleged to have been given patta to the 5th respondent by the competent authority.

3.It is stated in the counter that the petitioner has got alternative route to Mariamman Temple but there is also encroachment and there is no pathway to reach the petitioner's land. Hence it is to be known that prior to assignment of 400 sq.ft to the 5th respondent, what was the stage of the particular area as to whether there was a way as per revenue records. https://www.mhc.tn.gov.in/judis/

V. BHAVANI SUBBAROYAN, J.

Lbm Therefore, the Tahsildar and Surveyor concerned are directed to produce the original Adangal, A- Register, FMB sketch to show that in Survey No.219/1 as there is no such way available to reach the site in Survey No.215/9 and report the same along with encroachment particulars by 22.11.2021.

3. Post the matter on 22.11.2021 for filing report in this regard. 27.10.2021 Lbm W.P No.15885 of 2019 and W.M.P. No.15699 of 2019 https://www.mhc.tn.gov.in/judis/