Sivamani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.2408 of 2017 Sivamani .. Petitioner Vs.

1. The District Collector, Trichy District, Trichy.

2. The Tahsildar, Marungapuri Taluk, Marungapuri, Trichy District.

3.Tamil Kumar .. 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 first and second official respondents to remove the third respondent's illegal construction and house made in Survey No.509/27 at Kavandampatti Village, Marungapuri Taluk, Trichy District within a specified time frame. For Petitioner : Mr.A.Vadivel For Respondents 1 and 2 : 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 and 2 to remove encroachments alleged to have been made by the third respondent in Survey No.509/27, Kavandanpatti Village, Marungapuri Taluk, Tiruchirappalli District, by way of issuing a writ of mandamus.

2.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 1 and 2. Considering the nature of classification made in respect of Survey No.509/27, notice need not be sent to the third respondent.

3.It is seen from the Adangal relating to Survey No.509/27, it has been clearly shown that the said survey number is nothing, but pathway and the same belongs to the Government. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the fact that Survey No.509/27 belongs to the Government and classified as a pathway, this Court is inclined to pass the following order.

5.In fine, this writ petition is allowed without costs and the second respondent viz., Tahsildar, Marungapurai Taluk, Tiruchirappalli District is directed to conduct proper survey in respect of Survey No.509/27, Kavandampatti Village, Marungapuri Taluk as per revenue records and if there is any objectionable 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, Marungapuri Taluk, Marungapuri, Trichy District.

+1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO.8055 +1cc to Mr.A.Vadivel Advocate Sr.No. 7693 ORDER MADE IN W.P(MD)No.2408 of 2017 13.02.2017 smn MKV-JM-SAR 3/14.2.2017/2p-5c https://hcservices.ecourts.gov.in/hcservices/