A.Akbar Sheriff v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY 1.A.Akbar Sheriff 2.A.Razia Begam 3.Sikkandar 4.A.Ibrahimkareem 5.S.Murshidha Parveen ... Petitioners vs.
1.The District Collector, O/o.The District Collector Office, 2.The Sub Collector, Periyakulam, 3.The Commissioner (Municipal Administration), Periyakulam, 4.The Tahsildar, 1/6
5.The Town Surveyor, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to remove the encroachment made in Survey Nos.3522/1 at Tenkarai Village, Periyakulam Village, Theni classified as public pathway in the name of Vagampuli Outer street and restore the said pathway for the effective usage of Villagers to freely access the main road by considering the petitioners' representation dated 22.01.2025 within the period stipulated by this Court.
For Petitioners : Mr.K.Althaf Sheriff For RR 1, 2, 4 & 5 : Mr.M.Sarangan Additional Government Pleader For R - 3 : Mr.N.Dilip Kumar Standing Counsel
ORDER
(Order of the Court was made by J. NISHA BANU, J.) The petitioners have filed the present Writ Petition to direct the respondents to remove the encroachment made in Survey Nos.3522/1 at Tenkarai Village, Periyakulam Village, Theni, which is classified as public pathway in the 2/6
name of Vagampuli Outer street and restore the said pathway for the effective usage of Villagers to freely access the main road by considering the petitioners' representation dated 22.01.2025 within the period stipulated by this Court. 2.Today, when the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents 1, 2, 4 and 5 would submit that as per G.O.(Ms).No.97, Revenue and Disaster Management [LD-1(1) Department, dated 21.02.2025, the Government decided to consider the case of the persons who had been in occupation of the premises for more than 60 years and therefore, a call will be taken on that.
3.Considering the facts and circumstances of the case, as per G.O.(Ms).No.97, Revenue and Disaster Management [LD-1(1) Department, dated 21.02.2025, if the District Level Committee finds that the petitioners are residing in the premises for more than 60 years, they shall take appropriate action to allot the land to them. Such an exercise shall be completed within a period of one year from the date of receipt of a copy of this order: 3/6
4.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
[J.N.B.,J.] & [S.S.Y.,J.] 26.03.2025 (1/2) NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6
To 1.The District Collector, O/o.The District Collector Office, 2.The Sub Collector, Periyakulam, 3.The Commissioner (Municipal Administration), Periyakulam, 4.The Tahsildar, 5.The Town Surveyor, 5/6
J.NISHA BANU , J.
and S.SRIMATHY, J.
ps ORDER MADE IN DATED : 26.03.2025 (1/2) 6/6