R.Neelamegam v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.3054 of 2017 R.Neelamegam .. Petitioner Vs.

1. The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

2. The Revenue Divisional Officer, Ramanathapuram Division, Ramanathapuram.

3. The Tahsildar, Ramanathapuram Taluk, Ramanathapuram.

4. M.Tamilarasan

5. S.Velarasi .. 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 second and third respondents i.e., the Revenue Divisional Officer, Ramanathapuram and the Tahsildar, Ramanathapuram to take effective action for the disposal of representation dated 19.03.2014 of the petitioner regarding eviction of encroachment in S.No.242/8 of Puthumadam Village, Ramanathapuram Taluk in the light of G.O.Ms.No.540, Revenue Department, dated 04.12.2014 within a specified time frame that may be fixed by this Court.

For Petitioner : Mr.S.Viswalingam For Respondents : 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 to 3 to remove encroachments which are in existence in Survey No.242/8, https://hcservices.ecourts.gov.in/hcservices/

Puthumadam Village, Ramanathapuram Taluk, by way of issuing a writ of mandamus.

2.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 1 to 3. Considering the nature of the relief sought in the writ petition and also classification of survey number mentioned in the writ petition, notice need not be sent to the remaining respondents.

3.It is seen from the records that Survey No.242/8 has been classified as a street. The main contention putforth on the side of the petitioner is that the remaining respondents have made certain encroachments in Survey No.242/8.

4.Considering the contention putforth on the side of the petitioner and also considering the classification of Survey No.242/8, this Court is inclined to pass the following order. 5.In fine, this writ petition is allowed without costs and the third respondent viz., Tahsildar, Ramanathapuram Taluk is directed to conduct proper survey in respect of Survey No.242/8, Puthumadam Village and if there is any encroachment, remove the same under due process of law within a period of two months. Sd/ Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To

1. The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

2. The Revenue Divisional Officer, Ramanathapuram Division, Ramanathapuram.

3. The Tahsildar, Ramanathapuram Taluk, Ramanathapuram.

+1cc to M/s.S.Visvalingam, Advocate, in SR No.9553 +1cc to Special Government Pleader SR.No.10469 smn AAM RSK SAR1 24.02.2017 2P 6C ORDER MADE IN W.P(MD)No.3054 of 2017 22.02.2017 https://hcservices.ecourts.gov.in/hcservices/