Madras High CourtWP(MD)/1792/2017disposed of

Sasikumar v. The District Collector

2017-07-20Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1792 of 2017 Sasikumar .. Petitioner Vs.

1.The District Collector, District Collectorate, Pudukkottai District.

2.The Revenue Divisional Officer, Alangudi Taluk, Pudukkottai District.

3.The Tahsildar, Alangudi Taluk, Pudukkottai District.

4.The Executive Officer, Alangudi Town Panchayat, Pudukkottai District.

5.V.Thirumeni .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 4 to remove the building encroachments in public pathway made by the respondent No.5 in Survey No.174/24, Adeswar Kovil Street, S.Kulavaipatti Village, Arimalam way, Alangudi Taluk, Pudukkottai District in view of the petitioner's representation dated 12.12.2016.

For petitioner : Mr.M.M.Iqbal For respondents : Mr.M.Govindan Special Government Pleader for R.1 to R.3 : Mr.M. Rajarajan for R.4

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition for a direction to the respondents 1 to 4 to remove the encroachment stated to have been made by the fifth respondent in respect of a public pathway in Survey No.174/24, Adeswar Kovil Street, S.Kulavaipatti Village, Arimalam way, Alangudi Taluk, Pudukkottai District. https://hcservices.ecourts.gov.in/hcservices/

2. The revenue records produced by the learned Special Government Pleader indicates that the property is classified as Natham. It is not a public road as contended by the petitioner. We are therefore not in position to direct the respondents 1 to 4 to evict the fifth respondent. It is always open to the petitioner to file a civil suit before the competent civil forum, if he is so advised.

3. The Writ Petition is disposed of with the above observation. No costs.

Sd/- Assistant Registrar(Record) /True Copy/ Sub Assistant Registrar To 1.The District Collector, District Collectorate, Pudukkottai District.

2.The Revenue Divisional Officer, Alangudi Taluk, Pudukkottai District.

3.The Tahsildar, Alangudi Taluk, Pudukkottai District.

4.The Executive Officer, Alangudi Town Panchayat, Pudukkottai District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.67011 +1cc to Mr.M.M.IQBAL Advocate in SR. No.66513 SSL/SM JS/SV/SAR.3/31.07.2017/2P-7C W.P.(MD)No.1792 of 2017 20.07.2017 https://hcservices.ecourts.gov.in/hcservices/