Madras High CourtWP(MD)/3702/2025disposed of

P.Duraipandi v. The District Collector

2025-04-02Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.3702 of 2025 P.Duraipandi ... Petitioner -Vs1.The District Collector, Madurai District, Madurai-625 020.

2.The Revenue Divisional Officer, Usilampatti Division, Usilampatti, Madurai District.

3.The Tahsildar, Usilampatti Taluk, Usilampatti, Madurai District.

4.R.Jaya 5.P.Raghupathi 6.P.Rengarajan 7.Varthini 8.R.Chandra ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to immediately

consider and take appropriate action to conduct a comprehensive and transparent field survey of Town Survey No.165, Block No.5, Karukkattanpatti Village, Usilampatti Town, Madurai District and to remove the encroachments on the public pathway, based on the petitioner's representation dated 18.12.2024. For Petitioner : Mr.S.Kanagarajan For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader For R4 to R8 : Mr.K.Anbuchelvam

ORDER

[Order of the Court was made by J.NISHA BANU, J.] According to the petitioner, there is a road in Town Survey No.165, Block No.5, Karukkattanpatti Village, Usilampatti Town, Madurai District and as per the revenue records, it is poramboke land. While being so, the respondents 4 to 8, who are having lands adjacent to the road, made encroachments on the road. Therefore, the petitioner has made a representation dated 18.12.2024 to conduct a comprehensive and transparent field survey of the land in question and to remove the encroachments made by the respondents 4 to 8. However, the same is kept pending till date without any progress. Therefore, he has filed this Writ Petition.

2.When the matter was taken up for hearing on 10.02.2025, considering the issue involved in this Writ Petition, this Court appointed an Advocate Commissioner to inspect the land in question with the help of the Taluk Surveyor. Pursuant to the said order, the Advocate Commissioner inspected the land in question and filed a report before this Court on 24.02.2025. 3.In view of the above, we direct the official respondents to consider the representation of the petitioner dated 18.12.2024, based on the report filed by the Advocate Commissioner dated 24.02.2025, after giving sufficient opportunity of hearing to the petitioner as well as the respondents 4 to 8 and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. 4.With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 02.04.2025 NCC : Yes / No Index : Yes / No Yuva Note: Registry is directed to send a copy of this order to the respondents 4 to 8.

To 1.The District Collector, Madurai District, Madurai-625 020.

2.The Revenue Divisional Officer, Usilampatti Division, Usilampatti, Madurai District.

3.The Tahsildar, Usilampatti Taluk, Usilampatti, Madurai District.

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.3702 of 2025 02.04.2025