Madras High CourtWP(MD)/8460/2018disposed of

R.M.Duraisamy v. The District Collector

2023-11-30Honourable The Chief Justice,Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE Mrs.JUSTICE L.VICTORIA GOWRI W.P.(MD) No.8460 of 2018 R.M.Duraisamy, ... Petitioner Vs

1. The District Collector, Sivagangai, Sivagangai District..

2. The Revenue Divisional Officer, Revenue Divisional Office, Tirupathur, Sivagangai District..

3. The Tahsildar, Tahsildar Office, Tirupathur, Sivagangai District..

4. Raman,, S/o.Alagu Konar,.

5. Chinnavalli,

S/o.Nallamuthu Konar,.

6. Sigappi,, W/o.Chidambarakonar, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, the respondents 1 to 3 to remove the encroachments made in public pathway in survey no.788/5, in Ward no.2, V.Malampatti Village, S.Velankudi Post, Tirupathur Taluk, Sivagangai District, as per the proceedings of the 3rd respondent in O.Mu.AA.5/2937/2017 dated 07.04.2017.

For Petitioner : Mr.J.Jeyakumaran For Respondent : Mr.T.Amjad Khan for R1 to R3 Government Advocate Mr.G.Madhavan for R4 to R6

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard the learned counsel for the petitioner, learned Government Advocate for the respondents 1 to 3 and the learned counsel for the respondents 4 to 6.

2. The petitioner alleges encroachment on behalf of the respondents 4 to 6.

3. The learned counsel for the respondents 4 to 6 submits that no encroachment was made by the respondents 4 to 6.

4. The learned Government Advocate submits that survey would be conducted and if encroachment is found, then, action in accordance with law would be undertaken.

5. In view of the said submission, the writ petition stands disposed of. However, there is no order as to costs. [S.V.G., .C.J.]

[L.V.G., J.] 30.11.2023 Index : Yes / No : Yes / No RR To:

1. The District Collector, Sivagangai, Sivagangai District..

2. The Revenue Divisional Offic, Er, Revenue Divisional Office, Tirupathur, Sivagangai District..

3. The Tahsildar, Tahsildar Office, Tirupathur, Sivagangai District..

THE HONOURABLE CHIEF JUSTICE and L.VICTORIA GOWRI, J.

RR W.P.(MD)No.8460 of 2018 30.11.2023