Nallasamy v. The District Collector

W.P.(MD)No.4978 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI W.P.(MD)No.4978 of 2020 and W.M.P.(MD) No.4357 of 2020 Nallasamy : Petitioner Vs.

1.The District Collector Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai District, Sivagangai.

3.The Tahsildar, Sivagangai Taluk Sivagangai District.

4.Muthu : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to remove the encroachments in survey numbers 159/5, 159/6, 159/7 of Kadambangulam Village, Arasani Group, Sivagangai Taluk, Sivagangai District, which are government lands and school is located for which the fourth respondent's father has fraudulently obtained patta and direct the 1st respondent to initiate necessary and appropriate action against the erring officials, who were responsible to issue patta to the 4th respondent's father of the government lands and school. For Petitioner : Mr.T.Kumar For Respondents : Mr.M.Pandiarajan for R1 to R3 Additional Government Pleader

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) This writ petition has been filed styled as a public interest litigation to direct the respondents 1 to 3 to remove the encroachments in survey numbers 159/5, 159/6, 159/7 of Kadambangulam Village, Arasani Group, Sivagangai Taluk, Sivagangai https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4978 of 2020 District, which are Government lands, where school is located, for which the fourth respondent's father has fraudulently obtained patta and for a further direction to the 1st respondent to initiate necessary and appropriate action against the erring officials, who were responsible to issue patta to the 4th respondent's father of the government lands and school.

2.We have heard the learned counsel for the petitioner as well as the learned Additional Government Pleader for the respondents 1 to 3.

3. Since there is no materials produced before this Court to infer that S.Nos.159/5, 159/6, 159/7 of Kadambangulam Village, Arasani Group, Sivagangai Taluk, Sivagangai District belong to the Government, this Court is not inclined to entertain this Writ Petition. Accordingly, the writ petition fails and is dismissed. No costs. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The District Collector Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai District, Sivagangai.

3.The Tahsildar, Sivagangai Taluk Sivagangai District.

+1 CC to M/s.SPL.GP ( SR-11300[F] dated 12/03/2020 ) +1 CC to M/s.T.KUMAR, Advocate ( SR-11191[F] dated 11/03/2020 ) Order made in W.P.(MD)No.4978 of 2020 and W.M.P.(MD) No.4357 of 2020 10.03.2020 RR SPU(04.05.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2