Ramasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2025 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY Ramasamy ... Petitioner vs.

1. The District Collector, Trichy District, Trichy.

2. The Revenue Divisional Officer / Monitoring Committee, Musiri, Trichy District.

3. The Block Development Officer (Village Panchayat), Thathaiyangarpet Panchayat Union, Trichy District.

4. The Tahsildar, Musiri Taluk, Trichy District

5. The President Thumbalam Village Panchayat, Trichy District.

6. Rasu

7. Siva Kumar 1/4

8. Aravayee

9. Karivandan

10. Sekar

11. Selvaraj

12. Sekar

13. Sampoornam

14. Pushpa ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 4th respondent to remove the encroachment in Survey Nos.482/39, 482/30, 481/30, 482/6, 482/4, 481/10, 481/27, 481/12, 480/14, 480/11, 34 and 480/34, Thumbalam Village, Musiri Taluk, Trichy District, in view of representation dated 02.07.2021 within a time stipulated by this Court.

For Petitioner : Mr.M.Jothi Basu For R1 to R5 : Mr.P.Thilakkumar Government Pleader

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The prayer in this writ petition is for issuance of a Writ of Mandamus, directing the 4th respondent to remove the encroachment in Survey Nos.482/39, 482/30, 481/30, 482/6, 482/4, 481/10, 481/27, 2/4

481/12, 480/14, 480/11, 34 and 480/34, Thumbalam Village, Musiri Taluk, Trichy District, in view of representation dated 02.07.2021 within a time stipulated by this Court.

2.

Today, when the writ petition was taken up for hearing, learned Government Pleader appearing for the official respondents would submit that the abovesaid survey numbers are natham lands and therefore, the official respondents do not have authority to remove the encroachment and it is for the petitioner to approach the competent civil court.

3.

Recording the said submission, this Writ Petition is dismissed leaving it open to the petitioner to approach the competent civil court to work out his remedy. No costs. [J.N.B, J.] [S.S.Y, J.] 19.03.2025 Index : Yes / No bala 3/4

J.NISHA BANU, J.

AND S.SRIMATHY, J.

bala To

1. The District Collector, Trichy District, Trichy.

2. The Revenue Divisional Officer / Monitoring Committee, Musiri, Trichy District.

3. The Block Development Officer (Village Panchayat), Thathaiyangarpet Panchayat Union, Trichy District.

4. The Tahsildar, Musiri Taluk, Trichy District

5. The President Thumbalam Village Panchayat, Trichy District.

ORDER MADE IN DATED : 19.03.2025 4/4