P.V.Kamsalingam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR and THE HON'BLE TMT. JUSTICE T.V.THAMILSELVI P.V.Kamsalingam ..

Petitioner vs.

1.The District Collector, Cuddalore District, Cuddalore.

2.The Tahsildar, Panruti Taluk, Cuddalore District.

3.The Superintendent of Police, Cuddalore District, Cuddalore.

4.Ravikumar ..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to remove the encroachment of the village road encroached by 4th respondent and other persons in Mutharasan Kuppam Village, Survey No.341/3 and 8/1C on the basis of the Revenue Tahsildar, Panruti Taluk, Cuddalore District order dated 23.06.2022.

For Petitioner : Mr.A.E.Kalaiselvan For Respondents : Mr.A.Selvendran, Special Government Pleader for R1 to R3

O R D E R

(Order of the Court was made by D.Krishnakumar, J.) The prayer in the Writ Petition is for a Mandamus directing the second respondent to remove the encroachment of the village road encroached by the fourth respondent and other persons in Mutharasan Kuppam Village, Survey No.341/3 and 8/1C on the basis of the Revenue Tahsildar, Panruti Taluk, Cuddalore District order dated 23.06.2022.

2. According to the petitioner, he is an agriculturist and in Keelmambattu Revenue Village, Mutharasan Kuppam Road Survey Nos.541/3 and 81C, a road measuring 40 meter length and 3 meter width is located, which is being used the petitioner and other villagers for transport, but few persons like Ranjith Kumar, Ravikumar/fourth respondent herein, Vadivel, Rajendran, Prabhu, Shanmugavel, Kannabiran, Thirunavukarasu are attempting to encroach upon the said road and trying to put up compound wall, by encroaching the Village Panchayat Road. According to the petitioner, the Tahsildar, Panruti and the Surveyor also surveyed the Village Road and confirmed that the road is a poromboke land belonging to village panchayat as per revenue records. The petitioner, in this regard, has also submitted a representation dated 29.01.2022 to the respondents 1 to 3 and

since no action has been taken so far, the petitioner has filed the instant writ petition.

3. Mr.A.Selvendran, learned Special Government Pleader for the respondents 1 to 3, on written instructions from the second respondent dated 11.08.2022, has submitted that the lands in S.No.541/3 measuring 0.0056 Sq.meters, is classified as Government Poromboke Pathway [Lane] as per revenue records and the respondents have removed the encroachments on 14.09.2022 and the lands in S.No.8/1C measuring 0.0066 Sq.meters is a patta land and mentioned in the 'A' Register as "Nilaviyal Paathai".

4. Recording the aforesaid submission of the learned Special Government Pleader, no further orders are necessary in the writ petition. The writ petition stands disposed of. No costs. [D.K.K., J.,] [T.V.T.S., J.] 28.10.2022 Index : Yes / No Internet : Yes / No Jvm

D.KRISHNAKUMAR, J., AND T.V.THAMILSELVI, J.

Jvm To 1.The District Collector, Cuddalore District, Cuddalore.

2.The Tahsildar, Panruti Taluk, Cuddalore District.

3.The Superintendent of Police, Cuddalore District, Cuddalore.

28.10.2022