N.Venkatasubbaiah, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2019

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD).No.10134 of 2019 and W.M.P.(MD).No.7871 of 2019 N.Venkatasubbaiah ... Petitioner Vs.

1. The District Collector, Virudhunagar District.

2. The Revenue Divisional Officer, Sattur, Virudhunagar District.

3. The Tahsildar, Sattur Taluk, Sattur, Virudhunagar District.

4. G.Palraj ... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to remove the encroachment made in Pathway by the fourth Respondent in S.No.418/9, Othiyal Village, Sattur Taluk, Virudhunagar District.

For Petitioner : Mr.R.Govindaraj For R1 to R3 : Mr.V.R.Shanmuganathan Special Government Pleader For R4 : Mrs.S.Mahalakshmi

O R D E R

(Order of the Court was made by K.KALYANASUNDARAM,J.) This writ petition has been filed for issuance of a writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made in a pathway by the fourth respondent in S.No.418/9, Othiyal Village, Sattur Taluk, Virudhunagar District. https://hcservices.ecourts.gov.in/hcservices/

2. Heard Mr.R.Govindaraj, learned counsel for the petitioner, Mr.V.R.Shanmuganathan, learned Special Government Pleader appearing for the respondents 1 to 3 and Mrs.S.Mahalakshmi, learned counsel for the fourth respondent and perused the materials available on record.

3. When the matter is taken up for hearing, the learned Special Government Pleader would submit that the Tahsildar had already conducted a survey and found no encroachment in Natham Survey No.418/9 and the order dated 29.09.2018 has been communicated to the petitioner. The order dated 29.09.2018 has been placed for perusal of this Court.

4. In the light of the above fact, this writ petition is closed granting liberty to the petitioner to challenge the order of the third respondent, if he is so advised. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar(CS ) To

1. The District Collector, Virudhunagar District.

2. The Revenue Divisional Officer, Sattur, Virudhunagar District.

3. The Tahsildar, Sattur Taluk, Sattur, Virudhunagar District.

+1 CC to M/s.S.MAHALAKSHMI, Advocate ( SR-64508[F] dated 30/04/2019 ) +1 CC to M/s.SPL GP ( SR-65147[F] dated 03/05/2019 ) W.P.(MD).No.10134 of 2019 CS: 13/05/2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/