Vijayakumari v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).No.13144 of 2020 Vijayakumari ... Petitioner Vs.

1.The District Collector, O/o. District Collectorate Building, 2.The Revenue Divisional Officer, O/o. The Revenue Divisional, Paramakudi, 3.The Tahsildar, O/o. The Tahsildar Office, Paramakudi, Ramanathapuram District.

4.The Block Development Officer, O/o. Paramakudi Union, Paramakudi, 5.The District Educational Officer, O/o.District Educational Office, Paramakudi,

6.The Headmaster, Government Primary School, Melaikudi, Paramakudi, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents No.1 to 4 to take appropriate action against respondents No.5 and 6 and forbearing the respondents 5 and 6 from in any manner making construction of compound wall in the public pathway on the North side of the petitioner's property in Survey No.305/1, situated at Melaikudi Village, Paramakudi Taluk, Ramanathapuram District by considering her representation dated 29.09.2020. For Petitioner : Mr.D.S.Haroon Rasheed For R-1 to R-3 : Mr.S.R.A.Ramachandran Additional Government Pleader For R-4 : Mr.M.Murugan

ORDER

(Order of the Court was made by M.S.RAMESH,J.) This Writ Petition has been filed for Mandamus, directing the respondents 1 to 4 to take appropriate action against respondents 5 and 6 and forbearing the respondents 5 and 6 from in any manner making construction of compound wall in the public pathway on the north side of the petitioner's property in Survey No.305/1, situated at Melaikudi Village, Paramakudi Taluk, Ramanathapuram District by considering her representation dated 29.09.2020.

2. On the premise that the respondents 5 and 6 are attempting to encroach into a public pathway, the present Writ Petition has been filed.

3. The learned Additional Government Pleader appearing for the respondents 1 to 3, on instructions, would submit that as on date, no such construction has been made in the public pathway. He further submitted that in case, any obstructions are made in the public pathway, the official respondents would take appropriate action in accordance with the provisions of Land Encroachment Act. The said submission is hereby recorded.

4. In the light of the above submission, no further orders are required to be passed in the Writ Petition. Accordingly, the Writ Petition stands closed. Consequently, connected miscellaneous petition is closed. (M.S.R.,J.) (A.D.M.C.,J.) 17.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The District Collector, O/o. District Collectorate Building, 2.The Revenue Divisional Officer, O/o. The Revenue Divisional, Paramakudi, 3.The Tahsildar, O/o. The Tahsildar Office, Paramakudi, 4.The Block Development Officer, O/o. Paramakudi Union, Paramakudi, 5.The District Educational Officer, O/o.District Educational Office, Paramakudi,

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

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