Samikannu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and W.M.P.(MD) Nos.12640 and 12641 of 2023 Samikannu ... Petitioner -vs1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Tahsildar, Kulathur Taluk, Keeranur, Pudukkottai District.

3. The Executive Officer, Selection Grade Town Panchayat, Keeranur, Pudukkottai District.

4. Mahalakshmi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 3rd respondent to remove the encroachment

caused by the 4th respondent in public pathway in Survey No.621/19, 622/3 situated at Keeranur Town, Kulathur Taluk, Pudukkottai District, as per letter dated 15.06.2023 in Na.Ka.No.2395/2023/A1 within stipulated time fixed by this Court.

For Petitioner : Mr.M.Ramu For Respondents : Mr.S.P.Maharajan, Special Government Pleader for R1 to R3

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.M.Ramu, learned counsel for the petitioner and Mr.S.P.Maharajan, learned Special Government Pleader for the respondents 1 to 3.

2. The grievance of the petitioner is that the land in question is a public pathway as per the survey also. However, the respondent No.4 seeks patta over the said land. It appears that the respondent No.4 had filed a writ petition in W.P.(MD) No.13105 of 2023 and the learned Single Judge of this Court had directed the authority concerned to decide the application within eight weeks.

3. If according to the petitioner, the facts have not properly been canvassed before the authority concerned, it is for the petitioner to place on record the objections before the authority. The authority may, in accordance with law, proceed further.

4. The writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. [S.V.G., .C.J.] [R.S.M., J.] 23.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pkn

To:

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Tahsildar, Kulathur Taluk, Keeranur, Pudukkottai District.

3. The Executive Officer, Selection Grade Town Panchayat, Keeranur, Pudukkottai District.

THE HONOURABLE CHIEF JUSTICE and R.SUBRAMANIAN , J.

pkn 23.06.2023