Nagalrasu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Nagalrasu, S/o.(Late).Karuppanan ... Petitioner -vs1.The District Collector, Karur District, Karur.

2.The District Revenue Officer, Karur District, Karur.

3.The Divisional Revenue Officer, Karur Division, Karur.

4.The Block Development Officer, Pugalur Taluk, Velaythampalayam, Karur District.

5.The Tahsildar, Pugalur Taluk, Pugalur, Karur District.

6.The Village Administrative Officer, Punjai Pugalur South Village, Kakithapuram, Pugalur Taluk, Karur District.

7.Marappan, S/o.Nallappa Gounder 8.Sarajo, W/o.Murugan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made by the respondents 7 and 8 in Punjai Pugalur South Village Survey No.1132/2 and 3, situated in Masagoundanpudur, Pugalur Taluk, Karur District, on the basis of the representation dated 05.08.2024. For Petitioner : Mr.Arul Jenifer for Mr.J.Sathiaraj For R1 to R6 : Mr.P.Thilak Kumar Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in this Writ Petition reads as follows:- ''To issue a Writ of Mandamus, directing the respondents 1 to 6 to remove the encroachment made by the respondents 7 and 8 in Punjai Pugalur South Village Survey No.1132/2 and 3, situated in Masagoundanpudur, Pugalur Taluk, Karur District, on the basis of the representation dated 05.08.2024.''

2. The petitioner would claim that he has right of way over the land in Survey No.1132/1, 2 and 3. The claim is based on the recitals in the sale deed, by which, the petitioner purchased the property. Admittedly, the revenue records for Survey No.1132/1, 2 and 3 stand in the name of the respondents 7 and 8. Being a private property, the State cannot seek removal of the encroachment. If at all, the petitioner has got any right whether easementary or otherwise, it is for him to make a claim before the appropriate Civil Court.

3. Reserving such liberty to the petitioner to approach the appropriate Civil Court, this Writ Petition is dismissed. No costs. NCC :

No [R.S.M., J.] [L.V.G., J.] Index :

No 08.08.2024 Internet :

Yes smn2 To:

1.The District Collector, Karur District, Karur.

2.The District Revenue Officer, Karur District, Karur.

3.The Divisional Revenue Officer, Karur Division, Karur.

4.The Block Development Officer, Pugalur Taluk, Velaythampalayam, Karur District.

5.The Tahsildar, Pugalur Taluk, Pugalur, Karur District.

6.The Village Administrative Officer, Punjai Pugalur South Village, Kakithapuram, Pugalur Taluk, Karur District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 08.08.2024