Marimuthu.T v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.2646 of 2021 T.Marimuthu ... Petitioner Vs.

1. The District Collector, Trichy District.

2. The Revenue Divisional Officer, Musiri, Trichy District.

3. The Tahsildar, Musiri, Trichy District.

4. V.Ramachandran ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to remove the encroachment made by the fourth respondent as presented by the petitioner in his petition dated 15.12.2020.

For Petitioner : Mr.Chamundi Bose For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 to R3 Mr.B.Vinoth Kumar for R4 1/5

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a Writ of Mandamus, directing the first respondent to remove the encroachment made by the fourth respondent as presented by the petitioner in his petition dated 15.12.2020.

2. Heard Mr.Chamundi Bose, learned counsel for the petitioner, Mr.G.V.Vairam Santhosh, learned Additional Government Pleader appearing for respondents 1 to 3 and Mr.B.Vinoth Kumar, learned counsel for the fourth respondent.

3. Pointing out that the public pathway in Survey No.159 4A-15, at Keelatheru, Thumalam Village Post, Musiri Taluk, Trichy District, is encroached by the fourth respondent by constructing a wall, the petitioner submitted a representation dated 15.12.2020, to the second respondent and the same, according to learned counsel for the petitioner, is unattended. Learned counsel for the petitioner would further submit that the petitioner would be satisfied if a direction is issued to the respondents 1 and 2 to consider the 2/5

representation of the petitioner dated 15.12.2020, in accordance with law.

4. Considering the limited scope of the prayer now sought for by the petitioner, without expressing any opinion on the merits of claim made by the petitioner either in the representation or in the affidavit filed in support of the Writ Petition, this Writ Petition is disposed of with a direction to the respondents 1 and 2, to consider the representation of the petitioner dated 15.12.2020 and pass appropriate orders on merits and in accordance with law. If there is any encroachment as claimed by the petitioner, after issuing notice and conducting survey in the presence of the petitioner, fourth respondent and any others concerned, necessary action has to be taken by the authorities for removal of encroachment on the public pathway in Survey No.159 4A-15, at Keelatheru, Thumalam Village Post, Musiri Taluk, Trichy District, by following due process of law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs. [R.M.D., J.] [J.S.N.P., J.] 13.10.2022 Internet : Yes / No Index : Yes / No pkn 3/5

To

1. The District Collector, Trichy District.

2. The Revenue Divisional Officer, Musiri, Trichy District.

3. The Tahsildar, Musiri, Trichy District.

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R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

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