C.Muthukaruppa Pillai, v. The District Collector Madurai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.3856 of 2017 C.Muthukaruppa Pillai .. Petitioner Vs.

1.The District Collector Madurai, 2.The Commissioner, 3.The Block Development Officer, 4.The Tahsildar, 5.Kulainthaivelu 6.Chinnakaruppan .. 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 respondents 1 to 4 to consider his representation dated 11.11.2016 and consequently direct the respondents 1 to 4 to remove the encroachment made by the fifth and sixth respondents in Survey No.425/2 i.e pathway at Kampoor Village, Melur Taluk, Madurai District within the time stipulated by this Court.

For Petitioner : Mr.S.MP.Amalan For Respondents 1 to 4 : Mr.T.S.Mohammed Mohideen, Additional 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 4 to remove encroachments alleged to have been made by the respondents 5 and 6 in Survey No.425/2, Kampoor Village, Melur Taluk, Madurai District, by way of issuing a writ of mandamus. 2.Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, has taken notice for the respondents 1 to 4. Considering the nature of the relief sought in the writ petition and also classification of Survey No.425/2, notice need not be sent to the respondents 5 and 6.

3.It is seen from the records that Survey No.425/2 has been classified as a cart track.

4.The main contention putforth on the side of the petitioner is that the respondents 5 and 6 have made certain encroachments in Survey No.425/2.

5.Considering the nature of classification made in respect of Survey No.425/2 and also considering the main contention putforth on the side of the petitioner, this Court is inclined to pass the following order.

6.In fine, this writ petition is allowed without costs and the respondents 3 and 4 are directed to survey Survey No.425/2 with reference to revenue records and if there is any encroachment directed to 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 Collector Madurai, 2.The Commissioner,

3.The Block Development Officer, 4.The Tahsildar, +1CC to M/S.M.S.JEYAKARTHIK, Advocate, SR.No.12768 ORDER MADE IN W.P(MD)No.3856 of 2017 06.03.2017 PS JM AM/BS/SAR3/09.03.2017/3P/6C