Madras High CourtWP(MD)/17271/2016dismissed

Muthaiah v. The Secretary To Government

2016-10-18Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.17271 of 2016 and W.M.P.(MD).No.12544 of 2016 Muthiah : Petitioner Vs.

1 THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT SECRETARIAT CHENNAI - 600 009.

2 THE DISTRICT COLLECTOR VIRUDHUNAGAR DISTRICT VIRUDHUGAR.

3 THE DISTRICT REVENUE OFFICER COLLECTORATE VIRUDHUNAGAR.

4 THE TAHSILDAR SRIVILLIPUTHUR TALUK VIRUDHUNAGAR DISTRICT.

5 THE BLOCK DEVELOPMENT OFFICER WATRAP SRIVILLIPUTHUR TALUK VIRUDHUNAGAR DISTRICT.

6 THE INSPECTOR OF POLICE (CIRCLE) WATRAP POLICE STATION VIRUDHUNAGAR DISTRICT.

7 THE SUB INSPECTOR OF POLICE NATHAMPATTI POLICE STATION VIRUDHUNAGAR DISTRICT.

8 SUBRAMANIA THEVAR S/O. MUTHAIAH THEVAR THAILAPURAM VILLAGE AND POST MAHARAJAPURAM VIA SRIVILLIPUTHUR TALUK VIRUDHUNAGAR DISTRICT.

9 MARIMUTHU S/O. SUBRAMANIA THEVAR THAILAPURAM VILLAGE AND POST MAHARAJAPURAM VIA SRIVILLIPUTHUR TALUK VIRUDHUNAGAR DISTRICT.

: Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus the Respondents 1 to 7 to remove the encroachment in Promboke land in Survey Nos.1532/9 to 1532/11 situated at Thailapuram Village Srivilliputhur Taluk Virudhunagar District by considering the petitioner's representation dated 08.08.2016. For Petitioner : No Appearance For Respondent Nos.1 to 7 : Mr.T.R.Janarthanam Additional Government Pleader For Respondent Nos.8&9 : Mr.S.J.Chakkaravarthy

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] There is no representation on behalf of the petitioner. Neither the petitioner has made his appearance.

2. The petitioner has come up with this Public Interest Litigation seeking a direction to the Respondents 1 to 7 to remove the encroachment in Promboke land in Survey Nos.1532/9 to 1532/11 situated at Thailapuram Village, Srivilliputhur Taluk, Virudhunagar District, by considering his representation dated 08.08.2016.

3. The learned Additional Government Pleader appearing for the respondents 1 to 7 produced a copy of the proceedings of the Tahsildar, Srivilliputhur, in Na.Ka.No.1/888/7/2016, dated 27.09.2016, wherein he has stated that the land comprised in Survey No.1532/9 is a private land belonging to one Mr.Muthiahthevar. So far as the other lands are concerned, according to him, there is no encroachment at all made and the same has been verified by making a thorough survey.

4. Recording the above, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1 THE SECRETARY TO GOVERNMENT REVENUE DEPARTMENT SECRETARIAT CHENNAI - 600 009.