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Madras High CourtWP(MD)/19492/2014dismissed

D.Rajalakshmi v. The District Collector,

2023-11-30Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and M.P.(MD)No.1 of 2014 D.Rajalakshmi ... Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The District Revenue Officer, Theni District, Theni.

3.The Thasildar, O/o. The Thasildar Office, Periyakulam, Theni District.

4.Thangaraj 5.Ravichandran ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to initiate appropriate action and to remove the 1/4

encroachment made by the respondents 4 & 5 obstructing the pathway in Survey No.1872/3, 4, 5 and 1860/1, 2, Vaigaipudur, Periyakulam, Theni District classified as "Odai" within the time that may be stipulated by this Court.

For Petitioner : Mr.C.Venkatesh Kumar, For M/s.Ajmal Associates.

For Respondents : Mr.V.Nirmal Kumar, Government Advocate for R1 to R3.

Mr.S.Alagarsamy for R4 & R5.

ORDER

Heard both sides.

2.The prayer in the writ petition is for clearing the encroachments alleged to have been made by the private respondents herein. Notice was issued.

3.The learned Government Advocate for the official respondents categorically states that all the petition mentioned survey numbers are patta lands and that the question of removing of encroachment as alleged by the petitioner does not arise at all.

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4.Recording the stand taken by the official respondents, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S.J.,) & (B.P.J.,) 30.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Theni District, Theni.

2.The District Revenue Officer, Theni District, Theni.

3.The Thasildar, O/o. The Thasildar Office, Periyakulam, Theni District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias 30.11.2023 4/4