Mr.K.Tamilselvan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.11.2023
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ K.Tamilselvan .. Petitioner Vs.
1.The District Collector, Office of the District Collector, Pondicherry.
2.The Tahsildar, Office of the Tahsildar, Pondicherry.
3.The Pondicherry Municipality, Mudaliarpet Commune, Pondicherry.
4.T.Sanjivi 5.B.Ramadoss 6.R.Sundaramoorthy ..
Respondents Writ Petition filed under Article 226 of the Constitution of India 1/7
praying for issuance of Writ of Mandamus to direct the second respondent to remove the encroachments in S.No.2/4A2, 'N' Block, Murugambakkam Village, Mudaliarpet Commune, Pondicherry.
For Petitioner : Mrs.Srimathi V.
For RR 1 to 3 : Mr.Sreedhar Government Advocate (Pondicherry)
ORDER
(Order of the Court was made by R. Mahadevan, J.) The petitioner has filed this writ petition for issuance of a Writ of Mandamus to direct the second respondent to remove the encroachments in S.No.2/4A2, 'N' Block, Murugambakkam Village, Mudaliarpet Commune, Pondicherry.
2.The case of the petitioner is that the pathway in S.No.2/4A with 20 feet width was in existence in the western portion of his property situated at Survey No.2/4, 'N' Block, Murugampakkam Village, Mudaliarpet Commune, Pondicherry. As per the revenue records, the nature of the 2/7
pathway is "boosthipathai" and it runs from the 100 feet road from North to South direction. The petitioner used the pathway to reach his property. While that being so, by way of two sale deeds, the fourth respondent illegally claimed title over the pathway stating that he availed the property from one Thiruvarasan and has made illegal construction, which has been earmarked as S.No.2/4A2 in the revenue records. The fifth and sixth respondents have also created a document of sale in respect of rest of the pathway stating that they have obtained the land from the said Thiruvarasan. According to the petitioner, the intention of these respondents is to take away the pathway and to convert the same into a private property.
In the circumstances, the petitioner's father submitted petitions to the Government officials requesting to remove the said illegal encroachment, but, the same were not considered till date. It is also stated that the petitioner's father filed a suit in O.S.No.1199 of 2012 before the II Additional District Munsif, Pondicherry challenging the sale deeds executed by the respondents 4 to 6 as stated above and the same is pending. Citing the pendency of the suit, the official respondents are preventing the petitioner from using the pathway. Hence, this writ petition.
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3.The learned counsel for the petitioner submitted that the only grievance of the petitioner is that the encroachments made by the respondents 4 to 6 in the subject pathway 'Boosthipathai' cause undue hardship to the petitioner and the general public for their usage and hence, the same may be directed to be removed by the respondent authorities by considering the petitioner's representation dated 06.11.2023. 4.On the other hand, the learned Government Advocate (Pondicherry) appearing for the respondent authorities submitted that the petitioner has not given any representation to the authorities concerned so far and if any such representation is made, the same would be considered purely on merits, after giving opportunity to all the parties concerned. 5.In view of the above, the petitioner is directed to submit a representation to the third respondent enclosing all the materials within a period of two weeks from the date of receipt of a copy of this order and on 4/7
such representation, the third respondent shall consider the same and pass appropriate orders on merits and in accordance with law after conducting an inspection in the presence of the petitioner and the respondents 4 to 6, examining the documentary evidence, if any, submitted by them and also after affording an opportunity of hearing to the petitioner, respondents 4 to 6 as well as any other interested parties, within a period of eight weeks thereafter.
6.Accordingly, this writ petition stands disposed of. No costs. (R.M.D., J.) (M.S.Q., J.) 28.11.2023 Index : Yes / No Speaking Order : Yes / No nsd To 1.The District Collector, Office of the District Collector, Pondicherry.
2.The Tahsildar, Office of the Tahsildar, Pondicherry.
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3.The Pondicherry Municipality, Mudaliarpet Commune, Pondicherry.
R. MAHADEVAN, J.
and MOHAMMED SHAFFIQ, J.
nsd 28.11.2023 6/7
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