Manivel.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.21779 of 2022 A.Manivel ... Petitioner Vs.

1.The District Collector, Tiruchirappalli District, Tiruchirappalli-620 001.

2.The District Revenue Officer, Tiruchirappalli District, Tiruchirappalli-620 001.

3.The Revenue Divisional Officer, Revenue Divisional Office, Paramasivapuram, Lalgudi Taluk, Tiruchirappalli District.

4.The Tahsildar, Mannachanallur Taluk Office, Mannachanallur, Tiruchirappalli District.

5.A.Marimuthu 6.N.Subramaniyan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to remove the encroachments made by the respondents 5 and 6 in respect of Kattuvari Vaaikal, Detail Pathway and cart track which is leading in and around in Survey Nos.496, 506 and 501 situated at Sanamangalam Village, Mannachanallur Taluk, Tiruchirappalli District and consequently, directing the respondents 1 to 4 to make sub-division as per revenue field map and restore the same as per the Government record by considering the petitioner's representation dated 12.05.2022.

For Petitioner : Ms.K.Vidya For R1 to R4 : Mr.S.P.Maharajan, Special Government Pleader.

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents 1 to 4.

2.By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

3.Since this Writ Petition is disposed of at the admission stage itself and considering the nature of relief sought for by the petitioner, notice to the respondents 5 and 6 is dispensed with.

4.The petitioner's grievance is that the respondents 5 and 6 have encroached the Kattuvari Vaaikal, pathway and cart track, which are leading to Survey Nos.496, 506 and 501 situated at Sanamangalam Village, Mannachanallur Taluk, Tiruchirappalli District. Hence, the petitioner gave a

representation on 12.05.2022 to the respondents 1 to 4 to take immediate action against the respondents 5 and 6 and make sub-division as per the revenue field map and restore the same as per revenue record. Since the said representation has not been considered till date, the petitioner has approached this Court by way of filing this Writ Petition.

5.The learned Special Government Pleader appearing for the respondents 1 to 4 would submit that the representation of the petitioner will be considered and an appropriate order will be passed within the time to be fixed by this Court.

6.Considering the limited scope of the relief sought for, this Court, without going into the merits of the claim made by the petitioner, directs the respondents 1 to 4 to consider the representation of the petitioner, dated 12.05.2022 and pass appropriate orders on merits and in accordance with law, after verifying the revenue records and after giving opportunity of hearing to all the parties concerned, within a period of six (6) weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition is disposed of. No costs. [R.M.D., J.] & [J.S.N.P., J.] 15.09.2022 Index : Yes / No Internet : Yes / No Myr To 1.The District Collector, Tiruchirappalli District, Tiruchirappalli-620 001.

2.The District Revenue Officer, Tiruchirappalli District, Tiruchirappalli-620 001.

3.The Revenue Divisional Officer, Revenue Divisional Office, Paramasivapuram, Lalgudi Taluk, Tiruchirappalli District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

Myr 4.The Tahsildar, Mannachanallur Taluk Office, Mannachanallur, Tiruchirappalli District.

W.P.(MD)No.21779 of 2022 15.09.2022