Habibulla.M v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M.Habibulla ... Petitioner -vs1.The District Collector Collectorate, Nagercoil Kanyakumari District 2.The District Revenue Officer District Revenue Office Kanyakumari District 3.The Sub Collector Sub Collector Office Kanyakumari District 4.The Tahsildar Tahsildar Office Agasteeshwaram Taluk Kanyakumari District 5.The Block Development Officer Agasteeshwaram Taluk Kanyakumari District 6.Esakkiammal

7.Arunkumar 8.Sheeladevi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records of the impugned proceedings issued by the fourth respondent vide proceedings No.A1/830/2019, dated 28.03.2020 and quash the same as illegal and consequently direct the respondents 1 to 5 to remove the encroachment made by respondents 6 to 8 in Old Survey Nos.1018/56 ft (new Survey No.369/1, 2), Leepuram Village, Agasteeshwaram Taluk, Kanyakumari District. For Petitioner :

Mr.D.Saravanan For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R4 Mr.M.Rajaram for R5 Mr.G.Anto Prince for R6 No appearance for R7 and R8

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] Challenge in this writ petition is to the order dated 28.03.2020, passed by the fourth respondent, whereby and whereunder, the request of the petitioner for removal of encroachment in the subject land has been rejected.

2. When the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 4, on instructions,

submitted that based on the directions issued by this Court vide order dated 24.09.2019 in W.P.(MD) No.4241 of 2019, the fourth respondent conducted a survey and found no encroachment in the subject land.

3. The learned counsel appearing for the petitioner stoutly refuted the above submission of the learned Government Pleader and submitted that as per the A-Register, the subject land is a Nilaviyal Vaikkal, but, the fourth respondent, in the impugned proceedings, has described the same as a Rayath Punja Land.

4. Recording the above submission of the learned Government Pleader and granting liberty to the petitioner to approach the Revenue Divisional Officer for redressal of his remedy with regard to the description of the subject land by the fourth respondent in the impugned proceedings, this writ petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 26.10.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Collectorate, Nagercoil, Kanyakumari District.

2.The District Revenue Officer, District Revenue Office, Kanyakumari District.

3.The Sub Collector, Sub Collector Office, Kanyakumari District.

4.The Tahsildar, Tahsildar Office, Agasteeshwaram Taluk, Kanyakumari District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 26.10.2022