G.Muthan v. The District Collector,

2024:MHC:1557

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR G.Muthan ... Petitioner Vs.

1.The District Collector, Vellore District, 2.The District Revenue Officer, O/o. the District Collector, Vellore District, 3.The Revenue Divisional Officer, Katpadi Revenue Division, Vellore District, Vellore.

4.The Tahsildar, 5.The Block Development Officer, K.V.Kuppam Union, K.V.Kuppam, Katpadi Taluk,

6.Village Administrative Officer, Chendrampalli Village, Keezhumuttukoor Post, 7.Mr.Ravi 8.Mr.Vijaya Raghavan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 6 to conduct Survey in the Lands comprised in SF.Nos.304, 306, Government Poromboke Lands and take appropriate action in accordance with law thereby removing the encroachments in the Public Pathway, Kuttai, comprised in SF.Nos.304, 306, situated at No.50, Kizumuttukur Village, Gudiyattam Taluk, Vellore District and restore the Public Pathway without any obstructions and further direct the respondents 1 to 6 to maintain the Public Pathway as per the Revenue Records for ingress and egress from any encroachments in future which is classified as Government Poromboke Land that belongs to Government absolutely, based on the petitioner's representation dated 26.06.2019.

For Petitioner : Mr.L.K.Manjunath For R1 to R6 : Mr.A.Selvendran Special Government Pleader

For R7 & R8 : Mr.T.Karunakaran

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ of mandamus has been instituted to direct the respondents 1 to 6 to conduct Survey in the Lands comprised in SF.Nos.304 and 306, Government Poromboke Lands and take appropriate action in accordance with law thereby removing the encroachments in the Public Pathway, Kuttai, comprised in SF.Nos.304 and 306 situated at No.50, Kizumuttukur Village, Gudiyattam Taluk, Vellore District and restore the Public Pathway without any obstructions and further direct the respondents 1 to 6 to maintain the Public Pathway as per the Revenue Records for ingress and egress from any encroachments in future which is classified as Government Poromboke Land that absolutely belongs to Government absolutely, based on the petitioner's representation dated 26.06.2019.

2. With reference to the relief sought for in the present writ petition, Mr.A.Selvendran, learned Special Government Pleader appearing on behalf

of the respondents 1 to 6 submitted copy of the written instruction given by the Tahsildar, Katpadi Taluk, Vellore District dated 18.03.2024. The Tahsildar states that the said property has been classified as "Padhai and Kuttai" in Village Register.

3. In view of the facts and circumstances, the respondents 1 to 6 are directed to conduct survey and remove all the encroachments in the public pathway for the benefit of the people of that locality. The said exercise is directed to completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4. With the above directions, this Writ Petition stands disposed of. No costs.

[S.M.S., J.] [K.R.S., J.] 18.03.2024 Jeni Index : Yes Speaking order / Non-speaking order

To 1.The District Collector, Vellore District, 2.The District Revenue Officer, O/o. the District Collector, Vellore District, 3.The Revenue Divisional Officer, Katpadi Revenue Division, Vellore District, Vellore.

4.The Tahsildar, 5.The Block Development Officer, K.V.Kuppam Union, K.V.Kuppam, Katpadi Taluk, 6.The Village Administrative Officer, Chendrampalli Village, Keezhumuttukoor Post,

S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

Jeni 18.03.2024