Angammal.K v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.8404 of 2023 K.Angammal ... Petitioner -vs1.The District Collector Thiruchirappalli 2.The Assistant Commissioner Ward Office-5 Thrichirappalli Corporation Thrichirappalli 3.The Deputy Commissioner Thiruchirapalli Corporation Thiruchirapalli 4.The Thasildar (West) Thasildar Office West Campion School Opposite Thiruchirappalli 5.Tamilselvan ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the records relating to the impugned notice issued in Na.Ka.No.3569/2016/F1/(va.ku.a5) dated 15.04.2023 by the second respondent herein and quash the same.
For Petitioner :
Mr.G.Balumahendran For Respondents :
Mr.V.Nirmal Kumar Government Advocate for R1 & R4 Mr.R.Baskaran for M/s.R.B.Associates for R2 & R3 Mr.S.Velusamy for R5
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.] Challenge in this writ petition is to the notice, dated 15.04.2023, issued by the second respondent, seeking to remove encroachments.
2. This Court, by order dated 11.11.2022, has directed the official respondents, namely, the District Collector, Trichirappalli District and others, to effect a survey of the land in question in old T.S.No.78, new T.S.No.4 of Thamalaroobayam Village and to remove the encroachments, if any, found in the land classified as pathway. Pursuant to the said direction, the authorities concerned had surveyed the land in question and found that there is an
encroachment to an extent of 25.8 sq.meter. A copy of the Town Survey Register has been placed before this Court. It shows that the land in issue has been classified as "ghij". In view of the said classification and in view of the survey report, which shows that the petitioner has encroached upon the land which is classified as "ghij", we do not see any reason to entertain this writ petition.
3. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 21.04.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
1.The District Collector, Thiruchirappalli.
2.The Thasildar (West), Thasildar Office West, Campion School Opposite, Thiruchirappalli.
R.SUBRAMANIAN , J.
and L.VICTORIA GOWRI , J.
krk and W.M.P.(MD) No.8404 of 2023 21.04.2023