R.Anburani, W/O.Royappan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2017
CORAM:
THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.10436 of 2017 R.Anburani .. Petitioner Vs.
1. The District Collector, Karur District, Karur.
2. The Tahsildar,
3. The Deputy Tahsildar,
4. The Revenue Inspector, Mylampatti Village, Karur District.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to remove the encroachment made in Survey Nos.264/1, 267, 271/56, 699/15, 705/24, 706/14 situated at Pannapatti Village, Kadavur Taluk, Karur District within the period that may be stipulated by this Court by implementing the orders of the second respondent in Na.Ka.A1/4433/2015 dated 13.01.2015.
For Petitioner : Mr.M.M.Saravanan For Respondents : Mr.M.Govindan, Special Government Pleader.
ORDER
[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to remove encroachments which are in existence in Survey Nos.264/1, 267, 271/56, 699/15, 705/24 and 706/14, Pannapatti Village, Kadavur Taluk, Karur District, by way of issuing a writ of mandamus. 2.The learned counsel appearing for the petitioner has argued to the effect that in the survey numbers mentioned in the petition lot of encroachments are in existence, but the same have not been removed and under the said circumstances, the present writ petition has been filed.
3.The learned Special Government Pleader appearing for the respondents has contended to the effect that Survey No.264/1 has been classified as Vacant Natham and the same has been assigned to one handicapped person by the first respondent. Survey No.267 has been classified as road, wherein certain encroachments are found place and subsequently removed. Survey No.271/56 has been classified as Natham and no encroachments are in existence. Survey No.699/15 has been classified as Vacant Natham, wherein some coconut trees are in existence and the same have been brought to the custody of the Government. Survey No.705/24 has been classified as street and all encroachments have been removed. Further Survey No.706/14 has been classified as road and the alleged encroachments have already been removed. 4.
Considering the representation made on the side of the respondents and also considering the fact that Survey No.264/1 has been assigned in favour of a handicapped person by the first respondent, this Court feels that the relief sought in the writ petition is totally unwarranted and therefore the present writ petition deserves to be dismissed.
5.In fine, this writ petition is dismissed. No costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Karur District, Karur.
2. The Tahsildar,
3. The Deputy Tahsildar,
4. The Revenue Inspector, Mylampatti Village, Karur District.
+1cc to Mr.M>M.Saravanan, Advocate in SR.No.61265 +1cc to Special Government Pleader in SR.No.61640 smn AE/MR KKR/SAR3/06.07.2017/3P/7C ORDER MADE IN W.P(MD)No.10436 of 2017 21.06.2017