Ganesan.V v. The District Revenue Officer

W.P(MD)No.3335 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P(MD)No.3335 of 2022 V.Ganesan .. Petitioner Vs.

1.The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Rameshwaram Taluk, Ramanathapuram District.

3.The Commissioner, Mandapam Panchayat Union Office, Ucchipuli, Ramanathapuram District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings in Na.Ka.A2/3451/2018, dated 31.01.2022 on the file of the 3rd respondent, quash the same as illegal and arbitrary and consequently, direct the 1st and 2nd respondents to issue a patta in the name of the petitioner with regard to the Survey Nos.588/4 and 588/6 admeasuring 45 cents and 18 cents respectively which is situated at Thangachimadam Village, Pamban Group, Rameshwaram Taluk, Ramanathapuram District, within the time limit that may be stipulated by this Court.

For Petitioner : Mr.A.D.Ganeshamoorthi For Respondents : Mr.M.Siddharthan, AGP for R1&R2 Mr.S.Saji Bino,SGP for R3

ORDER

[Made by PARESH UPADHYAY, J.] Challenge in this petition is made to the notice dated 31.01.2022 issued by the third respondent to remove the encroachment.

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W.P(MD)No.3335 of 2022

2. Learned Advocate states that, for the very same land there was civil litigation and there is declaration by the competent Court that it is not the encroachment.

3. If this is so, the course which should have been taken by the petitioner is to reply to the notice inter alia stating all these facts annexing therewith documents in support of such say. This petition therefore need not be entertained.

4. In view of above, this petition is dismissed. No costs. Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) dn/20 To 1.The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Rameshwaram Taluk, Ramanathapuram District.

3.The Commissioner, Mandapam Panchayat Union Office, Ucchipuli, Ramanathapuram District.

+1 CC to M/s.A.D.GANESHA MOORTHI, Advocate (SR-7949[F] dated 23/02/2022 ) +1 CC to M/s.SPL GP ( SR-8062 & 8066[F] dated 23/02/2022 ) W.P(MD)No.3335 of 2022 22.02.2022 MA(CO) GC(02.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2