Rajarathinam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.4639 of 2017 Rajarathinam .. Petitioner Vs.

1.The District Collector, Collectorate Office, Pudukkottai District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Aranthangi, Pudukkottai District.

3.The Tahsildar, Aranthangi Taluk, Pudukkottai District.

.. 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 third respondent to remove the encroachment in Vannankulam pond in Old Survey No.2 and New Survey No.18, Rathinakottai Village, Aranthangi Town Taluk, Pudukkottai District.

For Petitioner : Mr.M.Vivekanandan For Respondents : 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 to remove encroachments which are in existence in Old Survey No.2 and New Survey No.18, Rathinakottai Village, Aranthangi Town Taluk, Pudukkottai District, by way of issuing a writ of mandamus. https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel appearing for the petitioner has contended that in Rathinakottai Village, Aranthangi Town Taluk,

Pudukkottai District, Survey No.18 has been classified as Vannankulam and the same vests with the Government and so many encroachments are in existence and under the said circumstances the present writ petition has been filed for getting the relief sought therein.

3.The learned Additional Government Pleader appearing for the respondents has contended to the effect that Survey No.18 has been renumbered as T.S.No.7 and the same is nothing, but Vannankulam and totally 56 encroachments are identified and necessary action is being taken.

4.Considering the fact that T.S.No.7 has been classified as Vannankulam and the same vests with the Government and also considering the existence of encroachments, this Court is inclined to pass the following order.

5.In fine, this writ petition is allowed without costs and the third respondent is directed to remove encroachments under due process of law within a period of two months. Sd/- Assistant Registrar(Protocol) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Collectorate Office, Pudukkottai District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Aranthangi, Pudukkottai District.

3.The Thasildar, Aranthangi Taluk, Pudukkottai District.

+1cc to Mr.M.Vivekanandan, Advocate in SR.No:52373 +1cc to Special Government Pleader in SR.No:52803 smn AE/SKN RSK/SAR2/25.04.2017/2P/6C ORDER MADE IN W.P(MD)No.4639 of 2017 18.04.2017 https://hcservices.ecourts.gov.in/hcservices/