Madras High CourtWP(MD)/646/2016disposed of

S.Thamilarasi v. The District Collector,

2017-08-04Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.646 of 2016 and W.M.P(MD)Nos.533 of 2016 S.Thamilarasi ... Petitioner Vs.

1.The District Collector, Pudukkottai District.

2.The Revenue Divisional Officer, Aranthangi Taluk, Pudukkottai.

3.The Tahsildar, Avudaiyarkovil, Pudukkottai District.

4.M.Karuppiah 5.R.Karuppiah ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents to removing the encroachment by the encroachers in common pathway in Survey No.434/9 situated at 244, Pranthini Group, padapathiram village, Avudaiyarkovil Taluk, Pudukkottai District.

For Petitioner : Mr.M.Ramu For Respondents : Mr.M.Govindan, Spl.GP for RR1 to 3 Mr.K.Baalasundharam for R5 No appearance for R4

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner seeks removal of the encroachment made in common pathway in Survey No.434/9 situated at 244, Pranthini Group, Padapathiram Village, Avudaiyarkovil Taluk, Pudukkottai District.

https://hcservices.ecourts.gov.in/hcservices/ 2.The petitioner had already submitted a representation dated 10.09.2015 in this regard.

3.This Court directs the third respondent to enquire into the matter. If there is any encroachment in public pathway, it is the duty of the third respondent to remove the same. The third respondent shall issue notice to the encroachers, hear their objections, follow the statutory procedure and thereafter remove the encroachments. The entire exercise shall be completed within three months from the date of receipt of a copy of this order. 4.This writ petition is accordingly disposed of. No costs. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS-III) /Truecopy/ Sub Assistant Registrar To 1.The District Collector, Pudukkottai District. 2.The Revenue Divisional Officer, Aranthangi Taluk, Pudukkottai.

3.The Tahsildar, Avudaiyarkovil, Pudukkottai District.

+1cc to M/S.M.RAMU, Advocate SR.No.70440 +1cc to M/S.K.BALASUNDHARAM, Advocate SR.No.70562 +1cc to the Special Government Pleader, SR.No.70991 Skm / Arul MAS/KP/SAR2:22.08.2017:2P-7C W.P(MD)No.646 of 2016 and W.M.P(MD)Nos.533 of 2016 04.08.2017 https://hcservices.ecourts.gov.in/hcservices/