Madras High CourtWP(MD)/3587/2022disposed of

Arunachalam S v. The District Collector

2022-10-28Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.3587 of 2022 S.Arunachalam ... Petitioner -vs1. The District Collector, Collectorate, Tenkasi District.

2. The Special Deputy Collector (GDP), Collectorate, Tenkasi.

3. The Tahsildar, Alangulam Taluk, Tenkasi District.

4. Kaliraj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments on the Passage / Cart Track running in S.No.857 of Vengadampatti Village, Alangulam Taluk, Tenkasi District. For Petitioner :

Mr.J.Pandi Dorai

For Respondents :

Mr.S.P.Maharajan, Sp.Government Pleader for R1 to R3 No appearance for R4

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments on the Passage / Cart Track in Survey No.857 of Vengadampatti Village, Alangulam Taluk, Tenkasi District.

2. Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents 1 to 3, produced a communication of the third respondent - Tahsildar, Alangulam, in Na.Ka.No.A2/1350/2020, dated 26.10.2022, along with sketch and extracts of relevant revenue records, addressed to him and submitted that in the survey conducted in the place in question, it was found that only bushes are grown in the said land and that there is no encroachment therein as alleged by the petitioner. The said submission as well the communication dated 26.10.2022 have not stoutly refuted by the learned counsel for the petitioner.

3. Recording the above submission of the learned Government Special Government Pleader, this Writ Petition is closed leaving it open to the petitioner to approach the authorities concerned, to redress his grievance, if any. No costs.

[R.M.D., J.] [J.S.N.P., J.] 28.10.2022 Index : Yes / No Internet : Yes / No pkn To:

1. The District Collector, Collectorate, Tenkasi District..

2. The Special Deputy Collector (GDP), Collectorate, Tenkasi.

3. The Tahsildar, Alangulam Taluk, Tenkasi District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD , J.

pkn W.P.(MD) No.3587 of 2022 28.10.2022