Madras High CourtWP(MD)/4085/2014disposed of

Paulkani, v. The District Collector,

2017-07-25Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.4085 of 2014 and M.P.(MD) No.1 of 2014 Paulkani ... Petitioner Vs.

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Block Development Officer, (Village Panchayaths) Udangudi, Thoothukudi District.

3. The President, Chettipathu Panchayat, Thoothukudi District.

4. S.Inbaharan ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records relating to the proceedings of the third respondent dated 03.03.2014 and quash the same.

For Petitioner : Mr.P.Prakash For Respondents : Mr.T.S.Md.Mohideen, AGP for RR1 to 3 No Appearance for R4

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN , J.) The writ petitioner has challenged the communication dated 03 March 2014 issued by the President, Chettipathu Panchayat, calling upon the writ petitioner to be present in S.No.452/3 along with the relevant title documents. This communication does not in any way infringe the right of the petitioner. Therefore, we see no reason to interfere with the order impugned in this writ petition. https://hcservices.ecourts.gov.in/hcservices/

2.However, we direct the second respondent to conduct inspection of the land in question along with the jurisdictional Tahsildar and survey the same. If, as a result of survey, any encroachment is noticed, it is open to the jurisdictional Tahsildar to issue due notice to the petitioner and afford opportunity to the petitioner and thereafter pass orders in accordance with law. Before measuring the site in question, the petitioner should be given reasonable time to produce his documents.

3.The writ petition is disposed of with the above direction. No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Block Development Officer, (Village Panchayaths) Udangudi, Thoothukudi District.

3. The President, Chettipathu Panchayat, Thoothukudi District.

+1cc to The Spl.Government Pleader SR.No.68382 SKM/ARUL VB/MR/KKR/SAR1/03.08.2017/2P/5C W.P(MD)No.4085 of 2014 and M.P.(MD) No.1 of 2014 25.07.2017 https://hcservices.ecourts.gov.in/hcservices/