Ambalavanan .M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE R.HEMALATHA M.Ambalavanan ... Petitioner -vs1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, Sivagangai Revenue Division, 4.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

5.Seeni Muthalagu, S/o. Ramachandran, T.Alangulam, 35, Kothangulam Group, Thiruppuvanam Taluk, Sivagangai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to issue necessary direction to the fourth respondent herein to remove the encroachment by demolishing the construction committed by the fifth respondent in the government poramboke land, used as common pathway bearing Survey No.280/18 to an extent of 14 feet breadth and 60 feet length, situated at T.Alangulam Village, 35, Kothangulam Group, Thiruppuvanam Taluk, Sivagangai District, based on the petitioner's representation dated 31.01.2022 made to the respondents 1 to 4.

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For Petitioner :

Mr.V.Pavel For Respondents :

Mr.A.K.Manikkam, Spl. Government Pleader for R1 to R4

O R D E R

(Made by P.N.PRAKASH, J.) It is the case of the petitioner that the fifth respondent has put up construction in Survey No.280/18 in T.Alangulam Village, 35, Kothangulam Group, Thiruppuvanam Taluk, Sivagangai District, which has been classified in the Revenue records as "Sarkar Poramboke and Street" and therefore, he has filed the present public interest litigation for a direction to respondents 1 to 4 to remove the same.

2. Heard Mr.V.Pavel, learned counsel for the petitioner and Mr.A.K.Manikkam, learned Special Government Pleader for the respondents 1 to 4.

3. Though the petitioner has enclosed in the typed set of papers a photocopy of the Revenue record showing Survey No.280/18 as "Sarkar Poramboke", we really do not know about the present status of the said land. It is possible that there could have been a conversion.

4. Be that as it may, we direct the fourth respondent to enquire into, as to whether Survey No.280/18 in T.Alangulam Village, is a Sarkar Poramboke and if there are any encroachment, it is needless to state that the fourth respondent shall take appropriate steps to remove the same in the manner known to law.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // /07/2022 Sub Assistant Registrar(CS) pkn To:

1.The District Collector, 2/3

2.The District Revenue Officer, 3.The Revenue Divisional Officer, Sivagangai Revenue Division, 4.The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

+1 CC to M/s.SPL.GP ( SR-27965[F] dated 24/06/2022 ) +1 CC to M/s.V. PAVEL, Advocate ( SR-28220[F] dated 27/06/2022 ) 23.06.2022 SS/06/07/2022/ 3P 7C 3/3