Shanmugam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Shanmugam : Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The District Revenue Officer, Trichy District, Trichy.

3.The Tahsildar, Thuraiyur Taluk, Trichy District.

4.The Block Development Officer, (Village Panchayat), Panchayat Union, Pavalavadi, Thuraiyur Taluk, Trichy District.

5.Mallan 1/5

6.Durairaj : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment committed by the respondents 5 & 6 by removing the fence committed by the respondents 5 & 6 in the Government Poramboke land, used as common pathway bearing Survey No.147/12A situated at Thavittupatti, Thuraiyur Taluk, Trichy District, based on the petitioner's representation dated 02.01.2024.

For Petitioner : Mr.P.Krishnasamy For Respondents 1 to 4 : Mr.P.Thilak Kumar Government Pleader

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed seeking for a direction to the respondents 1 to 4 to remove the encroachment made by the respondents 5 & 6 by removing the fence put up by the respondents 5 & 6 in the Government Poramboke land, used as common pathway bearing Survey No.147/12A situated at Thavittupatti, Thuraiyur Taluk, Trichy District, based on the petitioner's representation dated 02.01.2024. 2/5

2.Heard Mr.P.Krishnasamy, learned Counsel appearing for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader appearing for the respondents 1 to 4.

3.According to the learned Counsel for the petitioner the land in question is a natham land in which he seeks for removal of the encroachments.

4.The learned Government Pleader on instructions submits that the land in question ie., the land in Survey Number 147/12A is classified as a patta land and the name of the pattathars have also been mentioned in the records.

5.In view of the above, we are not inclined to entertain this writ petition. If the petitioner is having any grievance in respect of the said factual dispute, he is at liberty to work out his remedy in the manner known to law.

6.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

[D.K.K.,J.] & [R.V.,J.] 21.03.2024 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The District Collector, Trichy District, Trichy.

2.The District Revenue Officer, Trichy District, Trichy.

3.The Tahsildar, Thuraiyur Taluk, Trichy District.

4.The Block Development Officer, (Village Panchayat), Panchayat Union, Pavalavadi, Thuraiyur Taluk, Trichy District.

4/5

D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN 21.03.2024 5/5