T.Anthonysamy, S/O.Thomas, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.12013 of 2017 T.Anthonysamy .. Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Manachanallur Taluk, Trichy District.

3.The Village Administrative Officer, Siruganoor Village, Manachanallur Taluk, Trichy-621 105.

4.M.Anthonydass @ Anthonysamy .. 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 respondent Nos.1 to 3 to remove encroachment in the pathway comprised in Survey No.679/12 situated at Siruganoor Village, Manachanallur Taluk, Trichy District encroached by the fourth respondent by taking necessary action based on the petitioner's representation dated 17.08.2016. For Petitioner : Mr.S.Karthick For RR 1 to 3 : 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 1 to 3 to remove encroachments which are in existence in Survey No.679/12, Siruganoor Village, Manachanallur Taluk, Trichy District, by way of issuing a Writ of Mandamus.

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2.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 1 to 3. Considering the nature of the relief sought in the Writ Petition and also classification of Survey No.679/12, notice need not be sent to the fourth respondent.

3.It is seen from the records that Survey No.679/12 has been classified as Government lane.

4.The main contention putforth on the side of the petitioner is that the fourth respondent has made certain encroachments in Survey No.679/12.

5.Considering the classification of Survey No.679/12 and also considering the fact that already a representation has been given by the petitioner, this Court is inclined to pass the following order.

6.In fine, this Writ Petition is allowed without costs. The second respondent is directed to measure Survey No.679/12 with the assistance of revenue records and if there is any encroachment, directed to remove the same under due process of law within a period of two months.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Manachanallur Taluk, Trichy District.

3.The Village Administrative Officer, Siruganoor Village, Manachanallur Taluk, Trichy-621 105.

+One cc to Mr.S.Karthick, Advocate, SR.No.62538 +One cc to The Special Government Pleader, SR.No.62871 ps RL/6C/2P/KP/SAR1/7/7/2017 ORDER MADE IN W.P(MD)No.12013 of 2017 29.06.2017 https://hcservices.ecourts.gov.in/hcservices/