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Madras High CourtWP/29716/2023disposed of

M.Kuppan v. The District Collector

2023-10-13Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Kuppan ..

Petitioner Vs.

1. The District Collector Office of the District Collector Villupuram, Villupuram District.

2. The Sub Collector Office of the Sub Collector Thindivanam, Villupuram District.

3. The Tahsildar O/o. the Tahsildar Gingee Taluk Villupuram District.

4. The Block Development Officer Office of Block Development Officer Vallam, Villupuram District.

5. Rajagopal ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 4 to take necessary steps to remove the encroachments made by the fifth respondent made on in survey N.64/3 of Palaya Nattarmangalam Village, Gingee Taluk, Villupuram District by considering the petitioner's representation dated 18.04.2023 and enable the farmers to do agriculture.

For the Petitioner : Mr.V.R.Appaswamee For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R1 to R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.V.R.Appaswamee, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 4.

2. Learned counsel for the petitioner submits that the land in S.No.64/3 is a pathway and the same is obstructed by the fifth respondent.

3. The revenue record does not depict that S.No.64/3 is a pathway and the same is a wasteland, unfit for cultivation. In view of that, the petitioner's rights are not affected as there is no pathway so as to obstruct the way of any persons.

4. In the light of that, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 13.10.2023 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Office of the District Collector Villupuram, Villupuram District.

2. The Sub Collector Office of the Sub Collector Thindivanam, Villupuram District.

3. The Tahsildar O/o. the Tahsildar Gingee Taluk Villupuram District.

4. The Block Development Officer Office of Block Development Officer Vallam, Villupuram District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 13.10.2023