D.Seenimari, S/O.Duraisamy v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.24560 of 2016 D.Seenimari .. Petitioner Vs.

1.The District Collector, Collectorate, Ramanathapuram District.

2.The District Revenue Officer, District Revenue Office, Ramanathapuram District.

3.The Tahsildar, Tahsildar Office, Ramanathapuram Taluk, Ramanathapuram District.

4.Sakkarai .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent in public pathway situated in S.F.No.194-Sub Division 3, Sathakonvalasai Group 65 at Pillaimadam Village, Ramanathapuram Taluk, Ramanathapuram District based on the petitioner's representation dated 10.12.2016. For Petitioner : Mr.R.Jegadeeswaran For Respondents 1 to 3 : Mr.D.Muruganandam, Additional Government Pleader.

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 3 to remove encroachments which are in existence in S.F.No.194/3, Sathakonvalasai Group 65 at Pillaimadam Village, Ramanathapuram Taluk and District, by way of issuing a writ of mandamus. https://hcservices.ecourts.gov.in/hcservices/

2.It is averred in the petition that the petitioner is a resident of Pillaimadam Village, Ramanathapuram District. Further it is averred in the petition that in Pillaimadam Village, S.F.No.194/3 has been classified as cart track in Government records.

The fourth respondent herein has made certain encroachments and in order to remove the same the present writ petition has been filed.

3.Mr.D.Muruganandam, learned Additional Government Pleader, has taken notice for the respondents 1 to 3. Considering the nature of classification of S.F.No.194/3, notice need not be sent to the fourth respondent.

4.The specific contention putforth on the side of the petitioner is that in S.F.No.194/3 certain encroachments are in existence, even though the same has been classified as a cart track.

5.Considering the contention putforth on the side of the petitioner, the respondents 1 to 3 can be directed to remove encroachments under due process of law.

6.In fine, this writ petition is allowed without costs and the respondents 1 to 3 are strictly directed to remove encroachments if any in S.F.No.194/3, Sathakonvalasai Group 65 at Pillaimadam Village, Ramanathapuram Taluk and District within a period of two months.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar smn To 1.The District Collector, Collectorate, Ramanathapuram District.

2.The District Revenue Officer, District Revenue Office, Ramanathapuram District.

3.The Tahsildar, Tahsildar Office, Ramanathapuram Taluk, Ramanathapuram District. +1CC to Mr.R.Jegadeeswaran, Advocate Sr.No.82739 +1CC to Spl.Government Pleader Sr.No.82985 1CC TO MR. R. RAJARAMAN, ADVOCATE SR: 83104 Gjm/GSV/PM/SAR-I-26.12.16-2p-7C ORDER MADE IN W.P(MD)No.24560 of 2016 22.12.2016 https://hcservices.ecourts.gov.in/hcservices/