Madras High CourtWP(MD)/20446/2024disposed of

A.Udaiyar v. The District Collector / Monitoring Committee

2024-08-28Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Udaiyar ... Petitioner -vs1.The District Collector / Monitoring Authority, Sivagangai District, Sivagangai.

2.The Tahsildhar, Sivagangai Taluk, 3.The Block Development Officer (V.P.), Sivagangai, Sivagangai District.

4.The President, Kilapoongudi Panchayat, 5.U.Selvanathan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 4 to take appropriate action to remove the encroachments in Survey No.247/9, situated at

Kilapoongudi Village and Post, Sivagangai Taluk and District and to ensure Public Pathway is free for Public accesses, within a time frame fixed by this Court.

For Petitioner : Mr.AL.Kannan For R1 and R2 : Mr.P.T.Thiraviyam Government Advocate For R3 and R4 : Mr.S.R.A.Ramachandran Additional Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.P.T.Thiraviyam, learned Government Advocate takes notice for the respondents 1 and 2. Mr.S.R.A.Ramachandran, learned Additional Government Pleader takes notice for the respondents 3 and 4. Since we are not passing any adverse order, notice to the fifth respondent is deemed unnecessary.

2. It is the complaint of the petitioner that the fifth respondent has encroached upon a public pathway.

3. From the revenue records, it is seen that a portion of the land over which the fifth respondent is said to have encroached is described as a public pathway. Hence, there will be a direction to the respondents 1 to 4 to remove the encroachment by adopting due process of law as provided under the Tamil Nadu Land Encroachment Act, 1905. The proceedings shall be initiated within a period of six weeks from the date of receipt of a copy of this order.

4. This Writ Petition is disposed of with the above observation. No costs.

NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 28.08.2024 smn2 To:

1.The District Collector / Monitoring Authority, Sivagangai District, Sivagangai 2.The Tahsildhar, Sivagangai Taluk,

3.The Block Development Officer (V.P.), Sivagangai, Sivagangai District.

4.The President, Kilapoongudi Panchayat,

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 28.08.2024