V.Anbukani, v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN AND THE HONOURABLE MRS.JUSTICE C.V.KARTHIKEYAN W.P.[MD].No.9299 of 2017 V.Anbukani : Petitioner Vs.

1. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivakasi Town, Virudhunagar District.

2. The Thasildar, Taluk Office, Srivilliputtur Town, Virudhunagar District.

3. The Block Development officer (Village Panchayat) Srivilliputur Panchayat Union, Srivilliputur Town, Virudhunagar District.

4. T.Sri Rengammal : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents 1 to 3 herein to remove the encroachment made in public land by the 4th respondent herein in S.No.1030 in Perumalthevanpatti, Pillaiyargulam Revenue Village, Srivilliputhur Taluk, Virudhunagar District by considering the representation of the petitioner dated 16.05.2017.

For Petitioner : Mr.K.Sudalaiyandi For Respondent : Mr.V.R.Shanmuganathan Special Government Pleader (For R1 to R3)

O R D E R

[Order of the Court was made by M.V.MURALIDARAN, J.] This writ petition is filed by the petitioner seeking for issuance of a Writ of Mandamus directing the respondents 1 to 3 herein to remove the encroachment made in public lane by the 4th respondent herein in S.No.1030 in Perumalthevanpatti, Pillaiyargulam Revenue Village, Srivilliputtur Taluk, Virudhunagar District by considering the representation of the petitioner dated 16.05.2017.

2.The case of the petitioner is that he has filed this writ petition as Public interest litigation for the general welfare of the public of Perumalthevanpatti Village to remove the encroachment made by the 4th respondent obstructing the public lane by constructing a wall.

3.It is the contention of the petitioner that he is a resident of Perumalthevanpatti Village and the 4th respondent has owned land in S.No.1030/1B and constructed a house in the village. There is a odai running in S.No.1030, on the western side of the house of the 4th respondent and the villagers are using the said odai as pathway for a quite long time. Even though the above said pathway is classified as odai, on land it is only a lane and the same is being used by the villagers to reach their houses and agriculture lands.

4. The 4th respondent has encroached the lane recently by constructing a compound wall on both the sides and thereby totally obstructed the pathway and has also constructed steps of her house by encroaching the public lane. As the son of 4th respondent, namely, Rama Shanmugam is working as Ortho Doctor in Parliament House at New Delhi and her daughter, namely, Rameshwari is working as Inspector of Police, both are having influence with the higher officials of the respondents 1 to 3 very boldly encroached the lane. In view of their influential position, the villagers are afraid to raise their voice as against the encroachment made in the public lane.

5.A representation was made by one of the villagers on 30.01.2017 to remove the said encroachment but the respondents did not take any action. Because of the above said encroachment, the public at large in the petitioner's village are being affected without having pathway to their houses. Therefore, the petitioner sent a representation to the respondents 1 to 3 on 16.05.2017 to remove the above said encroachment and filed the writ petition. 6.Heard the Learned Counsel for the petitioner and the learned Special Government Pleader for the respondents 1 to 3.

7.This Court perused the records and found from the photograph produced in the typed set of papers that a small lane lies therein is obstructed by constructing a wall. However, this Court considers it is for the respondents 2 & 3 to look into the issue and if the obstruction is by encroachment they shall proceed in accordance with law.

8.Therefore, the writ petition is disposed of directing the respondents 2 & 3 to consider the representation of the petitioner dated 16.05.2017 on merits and in accordance with law, by issuing notice to the petitioner and as well as the 4th respondent and after conducting proper survey of land in S.No.1030, Perumalthevanpillai Village, Pillaiyarkulam revenue Village, Srivilliputtur Taluk also and if the obstruction mentioned above is by encroachment directed to remove same after following due process of law. The said exercise shall be completed within a period of eight weeks from the date of receipt of copy of this order. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivakasi Town, Virudhunagar District.

2. The Thasildarar, Taluk Office, Srivilliputtur Town, Virudhunagar District.

3. The Block Development officer (Village Panchayat) Srivilliputur Panchayat Union, Srivilliputur Town, Virudhunagar District.

+1cc to Mr.Mr.K.Sudalaiyandi, Advocate Sr.No.57060 +1cc to Spl.Government Pleader Sr.No.57360 skn vb/sv/sar2/01.06.2017/3p/6c ORDER MADE IN W.P.[MD].No.9299 of 2017 24.05.2017