Johnson M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY M.Johnson ... Petitioner Vs 1.The District Collector, Collectorate, Tiruchirappalli District - 621 218.
2.The Revenue Divisional Officer, Revenue Divisional Office, Paramasivapuram, Lalgudi Taluk, Tiruchirappalli District - 621 601.
3.The Tahsildar, Lalgudi Taluk Office, Lalgudi Taluk, Tiruchirappalli District - 621 601 4.The Block Development Officer, Block Development Office, Povalur Post, Lalgudi Taluk, Tiruchirappalli District - 621 712.
5.The Panchayat President, Panchayat Office, Puthukudi Panchayat, Lalgudi Taluk, Tiruchirappalli District - 621 218.
... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents herein to remove the encroachments made in the 20 feet of layout pathway comprised in Survey No.144/1A, situated at Puthukudi - Gandhi Nagar, Puthukudi Panchayat, Lalgudi Taluk, Tiruchirappalli District and restore the original pathway as per the layout by considering the petitioner's representation dated 03.03.2021 within the time stipulated by this Court.
For Petitioner : Mr.C.Abulkalam Azad For Respondents 1 to 4 : Mr.B.Saravanan.
Government Advocate 1/3
ORDER
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] The petitioner complains that there is large scale encroachment in the land at the 20 feet pathway in survey No.144/1A at Puthukudi - Gandhi Nagar in Lalgudi Taluk of Tiruchirappalli. However, the petitioner has not impleaded any of the alleged encroachers. 2.Mr.B.Saravanan, learned Government Advocate appears on behalf of respondent Nos.1 to 4 and submits that the third respondentTahsildar would be the appropriate person to cause an inquiry in respect of the matters complained of.
3.Accordingly, W.P.(MD)No.17521 of 2021 is disposed of by permitting the petitioner to carry a fresh, detailed representation to the third respondent-Tahsildar within a fortnight from date. Immediately upon receiving the request, the Tahsildar will conduct an inquiry upon issuing notice to all who are likely to be affected by his order. In the event the third respondent discovers any encroachment, immediate appropriate steps to be taken to remove the same including by referring the matter to the appropriate authority for such purpose.
4.At any rate, the third respondent's written order consequent upon the inquiry should be furnished to the petitioner and all persons likely to be affected thereby.
There will be no order as to costs.
Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Collectorate, Tiruchirappalli District - 621 218.
2/3
2.The Revenue Divisional Officer, Revenue Divisional Office, Paramasivapuram, Lalgudi Taluk, Tiruchirappalli District - 621 601.
3.The Tahsildar, Lalgudi Taluk Office, Lalgudi Taluk, Tiruchirappalli District - 621 601 4.The Block Development Officer, Block Development Office, Povalur Post, Lalgudi Taluk, Tiruchirappalli District - 621 712.
5.The Panchayat President, Panchayat Office, Puthukudi Panchayat, Lalgudi Taluk, Tiruchirappalli District - 621 218.
+1 CC to M/s.C.ABUL KALAM AZAD, Advocate ( SR-30294[F] dated 27/09/2021 ) +1 CC to M/s.SPL.GP ( SR-30498[F] dated 28/09/2021 ) 27.09.2021 RS (05.10.2021) 3P 8C 3/3