Ramar .R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2024 CORAM :

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN R.Ramar ... Petitioner vs.

1. The District Collector, District Collector Office, Sathur Road,

2. The District Revenue Officer, District Revenue Office, Sathur Road,

3. The Revenue Divisional Officer, Tahsildar Office, Sivakasi.

4. The Tahsildar,

5. The Executive Officer, Sethur,

6. The Revenue Inspector, Revenue Inspector Office, Page No.1 of 6

Seithur Village, Seithur,

7. The Village Administrative Officer, Village Administrative Office, Seithur,

8. Ramar @ Thavakka

9. Karuppaiah ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 4th respondent to implement his proceedings in e.f.m6/6676/2023 dated 17.08.2023 based upon the petitioner's representation dated 31.07.2023 and consequently direct the 4th respondent to remove the encroachment made by the 8th and 9th respondents in common pathway and well situated in S.No.382/6 at Illaththar Kinatru Pathai Street, Seithur Town Panchayat, Rajapalayam Taluk, Virudhunagar District. For Petitioner : Mr.R.Senthil Kumar For R1 to R4, R6 & R7 : Mr.N.Satheesh Kumar Additional Government Pleader For R5 : Mr.S.Shaji Bino Special Government Pleader Page No.2 of 6

For R8 & R9 : No appearance

ORDER

R.MAHADEVAN, A.C.J.

AND G.R.SWAMINATHAN , J.

Heard the learned counsel for the petitioner, learned Additional Government Pleader for the respondents 1 to 4, 6 and 7 and the learned Special Government Pleader for the 5th respondent. 2.

The petitioner alleges that the private respondents have committed encroachment of the petition mentioned pathway and public well. As regards the pathway, it is the 5th respondent who is competent to take action. As regards the well, the 4th respondent has to take action. The petitioner has already given representations before the 4th respondent as well as the 5th respondent. They are directed to issue notices to the private respondents herein and other interested persons, if any. If the authorities concerned come to the conclusion that the allegation made by the petitioner is well founded, then, the encroachment shall be removed. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. We make it clear we have not gone into the merits of the matter. All the defences and contentions of the private Page No.3 of 6

respondents are kept open.

3.

The Writ Petition is disposed of accordingly. No costs. [R.M.D., A.C.J.] & [G.R.S., J.] 20.06.2024 Index : Yes / No bala To

1. The District Collector, District Collector Office, Sathur Road,

2. The District Revenue Officer, District Revenue Office, Sathur Road,

3. The Revenue Divisional Officer, Tahsildar Office, Sivakasi.

4. The Tahsildar,

5. The Executive Officer,, Sethur, Rajapalayam,

6. The Revenue Inspector, Revenue Inspector Office, Seithur Village, Seithur, Rajapalayam, Page No.4 of 6

7. The Village Administrative Officer, Village Administrative Office, Seithur, Rajapalayam, Page No.5 of 6

R.MAHADEVAN, A.C.J.

AND G.R.SWAMINATHAN , J.

bala 20.06.2024 Page No.6 of 6