P.Sathiyavan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI P.Sathiyavan ... Petitioner versus

1. The District Collector, Madurai District, Madurai.

2. The Commissioner, Melur Municipality, Melur, Madurai District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 2nd respondent to remove the encroachment made in the petitioner's patta land situated in T.S.No.202, Block No.10, Ward B, Melur Town, Melur Taluk, Madurai District.

For Petitioner : Mr.S.Nadumaran 1/4

For R1 : Mrs.D.Farjana Ghoushia, Special Government Pleader For R2 : No appearance

ORDER

The petitioner, with a grievance that the second respondent/Municipality has constructed a drainage channel in the petitioner's patta land, has filed this writ petition seeking a Mandamus, to remove the encroachment made by the second respondent, in his patta land bearing in T.S.No.202, Block No.10, Ward B, Melur Town, Melur Taluk, Madurai District.

2. This writ petition was filed on 27.02.2018 and this Court, on 08.03.2018, ordered notice to the second respondent. Though notice was served on the second respondent, the second respondent has not filed any counter affidavit so far. Today, there is no representation for the second respondent.

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3. Considering the relief sought for in this writ petition, this writ petition is disposed of with a direction to the second respondent to conduct survey in the presence of the petitioner and identify and demarcate the petitioner's property. If any drainage channel is constructed in the petitioner's land, the second respondent shall take necessary steps to remove the same. No costs. 25.03.2024 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The District Collector, Madurai District, Madurai.

2. The Commissioner, Melur Municipality, Melur, Madurai District.

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B.PUGALENDHI, J.

ogy 25.03.2024 4/4