Subbulakshmi .V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN V.Subbulakshmi ... Petitioner -vs1.The District Collector O/o.The District Collector Virudhunagar District Virudhunagar 2.The Revenue Divisional Officer O/o.The Revenue Divisional Officer Virudhunagar Virudhunagar District 3.The Tahsildar O/o.The Tahsildar Virudhunagar Virudhunagar District 4.The Village Administrative Officer Meesalur Village Virudhunagar District

5.The Inspector of Police Soolakarai Police Station Virudhunagar District 6.Sethulakshmi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to remove the encroachment made in public pathway in Survey No.913/14, situated at Meesalur Village, Virudhunagar Taluk, Virudhunagar District, by the sixth respondent in pursuance of the proceedings initiated by the third respondent vide O.Mu.Aa1/6371/2021, dated 15.12.2021.

For Petitioner :

Mr.D.Shanmugaraja Sethupathi For Respondents :

Mr.T.Amjad Khan Government Advocate for R1 to R5 Mr.M.Jothibasu for R6

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The relief sought for in this writ petition is to direct the respondents 1 to 5 to remove the encroachment made by the sixth respondent in the public pathway in Survey No.913/14 of Meesalur Village, Virudhunagar Taluk, Virudhunagar District.

2. Learned counsel for the petitioner states that though the Tahsildar / third respondent conducted a field survey and addressed a letter to the Block Development Officer, Virudhunagar, stating that the pathway in Survey No.913/14 is under encroachment, no further action was initiated and therefore, the petitioner is constrained to file this writ petition.

3. Learned Government Advocate appearing for the respondents 1 to 5, on instructions submitted that encroachment in that particular locality was confirmed by conducting a field survey and subsequently actions have been initiated by issuing notice to the encroachers and all appropriate actions will be taken to remove the encroachment and to make the pathway free for the usage of the public at large.

4. In view of the said statement, the respondents 1 to 5 are directed to proceed with the actions already initiated, comply with the procedures and accordingly remove the encroachments and protect the pathway for the benefit of the people of that locality.

5. With the above direction, this writ petition is disposed of. No costs.

[S.M.S., J.] [V.L.N., J.] 03.10.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, O/o.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Virudhunagar, Virudhunagar District.

3.The Tahsildar, O/o.The Tahsildar, Virudhunagar, Virudhunagar District.

4.The Village Administrative Officer, Meesalur Village, Virudhunagar District.

5.The Inspector of Police, Soolakarai Police Station, Virudhunagar District.

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk 03.10.2023