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Madras High CourtWP(MD)/6175/2023dismissed

Chandrasekaran .R v. The District Collector

2023-03-21Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Chandrasekaran ... Petitioner -vs1.The District Collector Office of the District Collector Karur Taluk & District 2.The District Revenue Officer Office of the District Revenue Officer Karur Taluk & District 3.The Revenue Divisional Officer Karur Taluk, Karur District 4.The Tahsildar Pugalur Taluk Karur District 5.The Village Administrative Officer Thennilai West Village Pugalur Taluk Karur District 6.S.Prabhu ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to dispose the petitioner representation dated 12.02.2022 to remove the encroachment made by the sixth respondent in S.F.No.513/10, Thennilaai Melpagam Village, Pugalur Taluk, Karur District.

For Petitioner :

Mr.V.T.Srinivasan For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 to R5

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] The petitioner seeks a mandamus for removal of encroachments.

2. A perusal of the revenue records produced by the petitioner itself shows that the land in Survey Nos.513/9 and 513/10 of Thennilaai Melpagam Village, Pugalur Taluk, Karur District, has been classified as "Natham". If the land is classified as "Natham", it does not vest with the Government, and it has no power to remove the encroachments. Hence, the

mandamus as prayed for cannot be granted. The writ petition is, therefore, dismissed. No costs.

[R.S.M., J.] [L.V.G., J.] 21.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Office of the District Collector, Karur Taluk & District.

2.The District Revenue Officer, Office of the District Revenue Officer, Karur Taluk & District.

3.The Revenue Divisional Officer, Karur Taluk, Karur District.

4.The Tahsildar, Pugalur Taluk, Karur District.

5.The Village Administrative Officer, Thennilai West Village, Pugalur Taluk, Karur District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk 21.03.2023