Subbiah .N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI N.Subbiah ... Petitioner -vs1.The District Collector Sivagangai Sivagangai District 2.The Tahsildar Thiruppathur Sivagangai District 3.The Block Development Officer Kallal, Thiruppathur Taluk Sivagangai District 4.The President N.Kilaiyur Panchayat Thiruppathur Taluk Sivagangai District 5.Meiyappa Konar ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to remove the encroachment put up by the fifth respondent in Survey No.31/35 at Mel Avanthipatti Village, N.Kilaiyur, Thiruppathur Taluk, Sivagangai District. For Petitioner :

Mr.R.Velmurugan For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 & R2 Mr.A.Baskaran Additional Government Pleader for R3 & R4 Mr.M.Saravanan for R5

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.S.P.Maharajan, learned Special Government Pleader, takes notice for the respondents 1 & 2; Mr.A.Baskaran, learned Additional Government Pleader, takes notice for the respondents 3 & 4 and Mr.M.Saravanan, learned counsel, takes notice for the fifth respondent.

2. The petitioner seeks a mandamus for removal of encroachment in Survey No.31/35 of Mel Avanthipatti Village, N.Kilaiyur, Thiruppathur Taluk, Sivagangai District.

3. Learned Special Government Pleader appearing for the respondents 1 & 2, upon instructions, would submit that the land in Survey No.31/35, corresponding to Old Survey No.31/6 Part, is classified as "Natham". A certificate to that effect issued by the Village Administrative Officer has also been produced.

4. If the land is classified as "Natham", we do not think that the mandamus sought for could be granted to enable the Government to take proceedings under the Tamil Nadu Land Encroachment Act, 1905. Hence, this writ petition is dismissed. No costs.

[R.S.M., J.] [L.V.G., J.] 20.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Sivagangai, Sivagangai District.

2.The Tahsildar, Thiruppathur, Sivagangai District.

3.The Block Development Officer, Kallal, Thiruppathur Taluk, Sivagangai District.

4.The President, N.Kilaiyur Panchayat, Thiruppathur Taluk, Sivagangai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk 20.03.2023