Abdul Pari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.1254 of 2017 Abdul Pari .. Petitioner Vs.

1. The District Collector, Trichy District, Trichy.

2. The Assistant Director (Panchayat), District Collector Office, Trichy, Trichy District.

3. The Commissioner (Village Panchayat), Special Officer and Panchayat Union, Manapparai, Trichy District.

4. The Secretary, Panchayat Union, Puthanatham, Manapparai Taluk, Trichy District.

5. Sabeena Begam .. 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 1 to 4 to remove the encroachment of the pathway comprised in Survey No.582/9 situated at Puthanatham Village, Manapparai Taluk, Trichy District encroached by the fifth respondent by taking necessary action based on the petitioner's representation dated 26.12.2016. For Petitioner :Mr.A.Joel Paul Antony For Respondents 1 and 2 :Mr.D.Muruganandam, Additional Government Pleader.

For Respondent No.3 :Mr.M.Rajarajan

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 4 to remove encroachments which are in existence in Survey No.582/9, Puthanatham Village, Manapparai Taluk, Tiruchirappalli District, by way of issuing a writ of mandamus.

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2.It is averred in the petition that in Puthanatham Village, Manapparai Taluk, Tiruchirappalli District, Survey No.582/9 has been classified as a pathway. The fifth respondent has made certain encroachments. Under the said circumstances, the present writ petition has been filed for getting the relief sought therein.

3.It is seen from the copy of 'A' Register that Survey No.582/9 has been classified as a pathway and the same belongs to the Government. Under the said circumstances, this Court is inclined to pass the following order.

4.In fine, this writ petition is allowed without costs and the respondents 3 and 4 are directed to remove encroachments which are in existence in Survey No.582/9 under due process of law within a period of two months.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To

1. The District Collector, Trichy District, Trichy.

2. The Assistant Director (Panchayat), District Collector Office, Trichy, Trichy District.

3. The Commissioner (Village Panchayat), Special Officer and Panchayat Union, Manapparai, Trichy District.

4. The Secretary, Panchayat Union, Puthanatham, Manapparai Taluk, Trichy District.

+1 CC to Mr.A.Joel Paul Antony, Advocate, SR NO: 9739 +1 CC to M/S.SPL.GOVT.PLEADER, SR NO: 9678 smn AAM-RSK-SAR 3/23.2.2017/2P-7C ORDER MADE IN W.P(MD)No.1254 of 2017 21.02.2017 https://hcservices.ecourts.gov.in/hcservices/