Ravi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2023

CORAM:

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD) No.18119 of 2023 Ravi, ... Petitioner Vs

1. The District Collector, Pudukottai District, Pudukottai.

2. The Commissioner, Aranthangi Municipality, Pudukottai.

3. The Tahsildar, Chatiram Administrative Office, Thanjavur.

4. Subbaiya, S/o Manickam, Devidar Salai, Aranthangi, Pudukkottai District.

5. Veeramani, S/o Rajangam, Devidar Salai, Aranthangi, Pudukkottai District.

6. Palaniappan, S/o Muthukumar, Devidar Salai, Aranthangi, Pudukkottai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to remove the encroachment and unauthorized construction made by the respondents 4 to 6 in Survey No.9/8, 9/29, 9/30 and 9/31 situated at Kallupattarai Road, Aranthangi Taluk, Pudukkottai District by considering petitioners representation dated 08.04.2023.

For Petitioners : Mr.T.Leninkumar For Respondents :

Mr.T.Amjad Khan for R1 & R3 Government Advocate Mr.S.Kameswaran for R2 Mr.M.Suresh for R4

ORDER

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard Mr.T.Leninkumar, learned counsel for the petitioner, Mr.T.Amjad Khan, learned Government Advocate for the respondents 1 and 3 and learned counsel for the respondents 2 and 4.

2. The learned counsel for the petitioner submits that there is an encroachment on the pathway. The encroachment is unauthorised construction made by the respondents in S.Nos.9/8, 9/29, 9/30 and 9/31.

3. No documents are annexed with regard to the said survey numbers and/or the existence of the alleged encroachment on the pathway. In absence of any documents, no orders can be passed. In case, the petitioner lay hands on the authenticated documents, then the petitioner may agitate.

4. With this observation, the writ petition is disposed of. However, there shall be no order as to costs.

[S.V.G., CJ.] [K.K.R.K, J.] 29.11.2023 NCC : Yes / No Index : Yes / No RR To

1. The District Collector, Pudukottai District, Pudukottai.

2. The Commissioner, Aranthangi Municipality, Pudukottai.

3. The Tahsildar, Chatiram Administrative Office, Thanjavur.

THE HON'BLE THE CHIEF JUSTICE and K.K.RAMAKRISHNAN, J.

RR W.P.(MD)No.18119 of 2023 29.11.2023