T.Ranjitham, W/O.Thangavelu v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2019

CORAM:

THE HON'BLE Mr. JUSTICE K.KALYANASUNDARAM AND THE HON'BLE Mrs. JUSTICE R.THARANI W.P.(MD)No.2451 of 2019 and W.M.P.(MD)No.1890 of 2019 T.Ranjitham ... Petitioner Vs.

1.The District Collector, Pudukkottai District.

2.The Thasildhar, Aranthangi Taluk, Pudukottai District.

3.The Block Development Officer (Village Panchayat), Melpanaikadu, Aranthangi Union, Pudukkottai District.

4.Rahamathulla ... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 2nd respondent from evicting the petitioner from the patta land in S.No.134/1 and 134/3 in Melpanaikadu Village in Aranthangi Taluk in Pudukottai District on the guise of encroachment in S.No.134/2 except under due process of law.

For Petitioner : Mr.R.Suriya Narayanan For Respondents : Mr.Aayiram K.Selvakumar for R1 and R2 Mr.C.M.Marichelliah Prabhu for R3 No appearance for R4

ORDER

(Order of the Court was made by K.KALYANASUNDARAM,J.) The petitioner has come forward with this Writ petition praying to issue a Writ of Mandamus, forbearing the 2nd respondent from evicting the petitioner from his patta land in Survey Nos.134/1 and 134/3 in Melpanaikadu Village, Aranthangi Taluk, Pudukottai District.

2.Mr.R.Suriya Narayanan, learned counsel for the petitioner would state that the lands in Survey Nos.134/1 and 134/3 belong to the petitioner and she filed a Writ petition in W.P.(MD)No.3677 of https://hcservices.ecourts.gov.in/hcservices/

2017 to remove the encroachment made by the 4th respondent in Survey No.134/2, which is classified as pathway poramboke in the revenue records.

3.It is the contention of the learned counsel for the petitioner that in pursuance of the order passed in the above said Writ petition, a survey was conducted by the official respondents on 27.03.2017 and after surveying the land, they found that there is no encroachment made by the petitioner in the said pathway. But under the guise of removing encroachment in Survey No.134/2, now an attempt has been made by the official respondents to interfere with the patta land of the petitioner.

4.Mr.Aayeram K.Selvakumar, learned Additional Government Pleader appearing for the respondents 1 and 2, on instructions from the second respondent, would state that a small encroachment made in the land in Survey No.134/2 has already been removed by the official respondent and they will not interfere with the enjoyment of the petitioner's patta land in S.Nos.134/1 and 134/3. 5.In view of the submission of the learned Additional Government Pleader, this Writ petition is closed as no further adjudication is necessary in this case. No costs. Consequently, connected W.M.P.is closed.

Sd/- Assistant Registrar(P&A) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Pudukkottai District.

2.The Thasildhar, Aranthangi Taluk, Pudukottai District.

3.The Block Development Officer (Village Panchayat), Melpanaikadu, Aranthangi Union, Pudukkottai District.

+1 CC to M/s.R.SURIYANARAYANAN, Advocate SR-56172 +1 CC to M/s.The Special Government Pleader IN SR No.56303 W.P.(MD)No.2451 of 2019 22.03.2019 nbj PK/09.04.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/