Thangaraj v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2021 CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.13970 of 2020 Thangaraj .. Petitioner Vs 1.The District Collector, Ramanathapuram District.
2.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.
3.The Tahsildar, Ramanathapuram, Ramanathapuram District.
4.Jeyalakshmi 5.Gandhimathi 6.Murugavalli 7.Manickam 8.Amirthavali 9.Irulaei 10.Latha 11.Manonmani 12.Nagaeshwari 13.Ranjitham 14.Lakshmi 15.Alangaravalli 16.Elangammal 17.Indhirani 18.Lakshmi 19.Ramayaei .. Respondents (R4 to R19 impleaded vide Court Order dated 14.07.2021 made in W.M.P.(MD) No.6407 of 2021 in W.P.(MD) No.
13970 of 2020 by TSSJ & SAIJ) PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, directing the Respondents to remove the encroachments made in the public road comprised in Survey No.151/2 situated at Chinna Rettaiyurani Village, Rettaiyurani Group, Ramanathapuram Taluk, Ramanathapuram District. For Petitioner : Mr.I.Velpradeep 1/3
For Respondents : Mr.A.K.Manickam, Standing Counsel for Government For R1 to R3
O R D E R
[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.I.Velpradeep, learned counsel for the petitioner and Mr.A.K.Manickam, learned Standing Counsel for Government, appearing for respondent Nos.1 to 3.
2.The petitioner seeks for a direction upon the respondents to remove the encroachments made in the public road comprised in Survey No.151/2 situated at Chinna Rettaiyurani Village, Rettaiyurani Group, Ramanathapuram Taluk, Ramanathapuram District. 3.Admittedly, as on date, the property in question is a patta land. The petitioner wants to cancel the patta and then to vacate respondent Nos.4 to 19. In this regard the petitioner has filed W.P. (MD) No.14956 of 2015, which has been disposed of on 18.08.2020, directing the Tahsildar, Ramanathapuram to consider the representation. The petitioner's grievance is that till date the representation has not been considered. Therefore, the petitioner filed contempt petition (MD) No.195 of 2016. In the interregnum, the petitioner seeks the aforesaid relief, which cannot be granted. Therefore, the petitioner should pursue the matter before the appropriate forum and at this juncture, the relief cannot be granted.
4.Therefore, the Writ Petition is disposed of leaving it open to the petitioner to pursue his representation before the District Collector, Ramanathapuram District for cancellation of patta. If any representation is made, the same shall be considered in accordance with law as expeditiously as possible, preferably within three months from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) sj 2/3
Note :
In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Ramanathapuram District.
2.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.
3.The Tahsildar, Ramanathapuram, Ramanathapuram District.
+1 CC to M/s.I.VEL PRADEEP, Advocate ( SR-22639 [F] dated 15/07/2021 ) +1 CC to M/s.SPL GP ( SR-22920[F] dated 16/07/2021 ) W.P.(MD) No.13970 of 2020 14.07.2021 MGJ(07.09.2021) 3P 6C 3/3