K.Nagasundaram, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2024 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE G.ILANGOVAN K.Nagasundaram ... Petitioner Vs.

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

2.The Municipality of Rameswaram, Rep.By its Commissioner, Rameswaram, Ramanathapuram District.

3.The Tahsildar, O/o.The Tahsildar, Rameswaram.

4.Gnana Sahayaraj 5.Babu

6.Berkmans 7.Dharma 8.Aruldass 9.Panja .. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent No.2 to remove the encroachments made by respondent No.4 to 9 in Survey No.126/2 to an extent of about 30 cents at Rameswaram Village, Rameshwaram Taluk, Ramanathapuram District.

For Petitioner : Mr.S.Rajasekar For Respondents : Mr.P.Thilak Kumar - for R1 & R3 Government Pleader Mr.M.Kannan - for R2 Mr.M.Jerin Mathew - for R4 & R5 Mr.A.Haja Mohideen - for R6 to R9

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.S.Rajasekar learned counsel for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader appearing

for the respondents 1 and 3, Mr.M.Kannan, learned counsel appearing for the second respondent, Mr.M.Jerin Mathew, learned counsel appearing for the respondents 4 and 5 and Mr.A.Haja Mohideen, learned counsel appearing for the respondents 6 to 9.

2. The encroachment is alleged in Survey No.126/2. According to the petitioner, the same is a pathway.

3. According to the learned Advocate appearing for the Municipality, four encroachers have already removed their encroachments. The encroachment alleged against the present respondents is already removed. There are two other persons, who are not parties to the Writ Petition having encroached and the Municipality is required to take appropriate steps in that regard.

4. The learned counsel appearing for respondent Nos.6 to 9 submits that these respondents are poor fisherman, who only put their nets for the purpose of their livelihoods and they have their small shops behind the residence of the petitioner.

5. Be that as it may, the respondents 6 to 9 may approach the Municipality for a proper place for their business which application

shall be considered by the Municipality on its own merits.

6. Accordingly, the Writ Petition stands disposed of. No costs.

[S.V.G., C.J.] [G.I., J.] 26.02.2024 Index : Yes / No RM To 1.The District Collector, O/o.District Collector, Ramanathapuram District.

2.The Municipality of Rameswaram, Rep.By its Commissioner, Rameswaram, Ramanathapuram District.

3.The Tahsildar, O/o.The Tahsildar, Rameswaram.

THE HONOURABLE CHIEF JUSTICE and G.ILANGOVAN , J.

RM 26.02.2024