Madras High CourtWP(MD)/7601/2017dismissed as withdrawal

M.Mayandi Ambalam, v. The Revenue Divisional Officer

2017-07-17Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.7601 of 2017 M.Mayandi Ambalam .. Petitioner Vs.

1.The Revenue Divisional Officer, Sivagangai District, Sivagangai.

2.The Tahsildar, Sivagangai Taluk, Sivagangai.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus,directing the second respondent to remove the encroachment in S.Nos.275, 293/8, 293/17, 293/18, 291, 284, 285, 283, 280 and 281 in V.Malampatti Group 5 Village, Sivagangai Taluk, Sivagangai District by considering the petitioner representation dated 09.01.2017 within the period stipulated by this Court.

For petitioner : Mr.M.Mohamed Sherbudeen For Respondents : Mr.T.S.Md.Mohideen Additional Government Pleader

O R D E R

************ [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ petition to direct the second respondent to remove the encroachment made in Survey Nos.275, 293/8, 293/17, 293/18, 291, 284, 285, 283, 280 and 281 in V.Malampatti Group 5 Village, Sivagangai Taluk, Sivagangai District.

2.The learned Additional Government Pleader by placing reliance on the report given by the second respondent submitted that there is no encroachment as on date.

https://hcservices.ecourts.gov.in/hcservices/

3.Even though the petitioner seeks an order to remove the encroachment, the fact remains that the encroachers are not made as parties to the writ petition. The report submitted by the Revenue Inspector indicates that there is no encroachment as on today. In case, there are encroachments still to be removed, it is open to the petitioner to file comprehensive writ petition impleading all the encroachers as parties.

4.The writ petition is disposed of with the above observation. No costs.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To:

1.The Revenue Divisional Officer, Sivagangai District, Sivagangai.

2.The Tahsildar, Sivagangai Taluk, Sivagangai.

+One cc to The Special Government Pleader, SR.No.66265 rj2/vsg RL/4C/2P/KK/SAR1/25/7/2017 ORDER MADE IN W.P(MD)No.7601 of 2017 17.07.2017 https://hcservices.ecourts.gov.in/hcservices/