M.Karmegam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.974 of 2017 and W.M.P(MD)No.824 of 2017 M.Karmegam .. Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Sub Collector, Devakottai, Sivagangai District.

3.The Tahsildar, Devakottai Taluk Office, Sivagangai District.

4.Kamala 5.Vijaya 6.Solai .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing first and third respondents to take necessary and immediate steps to remove the encroachment of the Government Natham Poramboke pathway comprised in Survey No.282/1 based on the representation dated 12.03.2016 submitted to the second respondent.

For petitioner : Mr.R.Murugan Respondents : Mr.M.Govindan Special Government Pleader for R.1 to R.3 : Mr.C.Vakeeswaran for R.4 to R.6 https://hcservices.ecourts.gov.in/hcservices/

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 respondents 1 to 3 to take immediate action to remove the encroachment stated to have been made by the respondents 4 to 6 on a Government Natham Poramboke pathway in Survey No.282/1.

2. The learned Counsel for the respondents 4 to 6 submitted that pursuant to the representation given by the respondents 4 to 6, the petitioner was evicted from the public property and that was the reason for filing this writ petition.

3. The question as to whether the petitioner is an encroacher or the respondents 4 to 6 made encroachment in respect of a public pathway is essentially an issue to be decided by the third respondent.

4. We direct the third respondent to issue notice to the petitioner and the respondents 4 to 6 and survey the land in S.No.282/1 and the adjoining public property. If it is found that either the petitioner or the respondents 4 to 6 are encroachers, necessary action should be taken to remove the encroachment. However, we make it clear that before giving a direction for the removal of encroachment, opportunity of hearing should be given to the petitioner and the respondents 4 to 6. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

5. The writ petition is disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Sivagangai District, Sivagangai. 2.The Sub Collector, Devakottai, Sivagangai District. 3.The Tahsildar, Devakottai Taluk Office, Sivagangai District.

+One cc to Mr.C.Vakeeswaran, Advocate, SR.No.66340 +One cc to Mr.R.Murugan, Advocate, SR.No.66242 +One cc to The Special Government Pleader, SR.No.66912 sm/ssl RL/7C/2P/KP/SAR1/31/7/2017 W.P(MD)No.974 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 19.07.2017