Madras High CourtWP(MD)/4571/2024disposed of

Seemon T v. The District Collector

2024-02-28Honourable The Chief Justice,Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2024

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE P.DHANABAL T.Seemon ... Petitioner -vs1.The District Collector Trichy District, Trichy 2.The Chairperson The Divisional Monitoring Committee / Revenue Divisional Officer Srirangam, Trichy District 3.The Tahsildar Manapparai Trichy District 4.Innasi Ammal ... 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 encroachment made by the fourth respondent in Survey No.656/13, situated

at Kalpalayathanpatti Village, Managaparai Taluk, on the basis of the petitioner representation dated 03.07.2023, within the time frame fixed by this Court.

For Petitioner :

Mr.R.Ramachandran For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R3

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.R.Ramachandran, learned counsel for the petitioner and Mr.P.Thilakkumar, learned Government Pleader for the respondents 1 to 3.

2. Learned counsel for the petitioner submits that a public pathway exists in Survey No.656/13. The same is encroached upon by the fourth respondent.

3. We are not aware whether the land, in which the pathway is alleged, is a patta land or otherwise.

4. The concerned authority shall conduct a survey and verify the facts and upon survey, if any encroachment is noticed, then action, in accordance with law, shall be undertaken expeditiously. The survey shall be conducted within a period of three months from today.

5. The writ petition is, accordingly, disposed of. No costs. [S.V.G., C.J.] [P.D.B., J.] 28.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Trichy District, Trichy.

2.The Chairperson, The Divisional Monitoring Committee / Revenue Divisional Officer, Srirangam, Trichy District.

3.The Tahsildar, Manapparai, Trichy District.

THE HONOURABLE CHIEF JUSTICE and P.DHANABAL , J.

krk 28.02.2024