M. Natesan, 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.13019 of 2015 M. Natesan ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Thuraiyur Taluk, Trichy District.

3.The Block Development Officer, Uppliyapuram Union, Trichy District.

4.The Village Administrative Officer, Pachaperumalpatti (North), Thuraiyur Taluk, Trichy District.

5.P.Ponnusamy Goundar 6.P.Ramasamy Goundar ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to take necessary action to remove the 1/5

encroachment made by the respondents 5 and 6 in the Vaari and common Pathway, Poramboke situated in S. No. 58/1 of Thanganagar, Patchaperumalpatty Village North, Thuraiyur Taluk, Trichy District, on the basis of petitioner's representation dated 25.02.2015, within the time stipulated by this Honourable Court. For Petitioner : Mr.K.Gokul For Respondents 1, 2 & 4 : Mr.S.P.Maharajan Special Government Pleader For 3rd Respondent : Mr.R.Anandharaj For 6th Respondent : Ms.P.Kalaiyarasi Bharathi * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to take necessary action to remove the encroachment made by the respondents 5 and 6 in the Vaari and common Pathway, Poramboke situated in S. No. 58/1 of Thanganagar, Patchaperumalpatty Village North, Thuraiyur Taluk, Trichy District, on the basis of petitioner's representation dated 25.02.2015, within a time frame.

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2.

Heard Mr.K.Gokul, learned counsel for the petitioner, Mr.S.P.Maharajan, learned Special Government Pleader appearing for respondents 1, 2 and 4, Mr.R.Anandharaj, learned counsel for the third respondent and Ms.P.Kalaiyarasi Bharathi, learned for the sixth respondent.

3.

The 'A' Register Extract produced by the petitioner shows that S. No. 58/1 of Thanganagar, Patchaperumalpatty Village North, Thuraiyur Taluk, Trichy District, is declared as 'Varri'. 4.

Since the revenue records show S.No.58/1 as 'Varri', the third respondent is directed to conduct a survey of the said land after issuing notice to the petitioner, respondents 5 and 6 and all other parties concerned, and if there is any encroachment as claimed by the petitioner, the third respondent shall take necessary action for removal of the encroachment in S. No. 58/1 of Thanganagar, Patchaperumalpatty Village North, Thuraiyur Taluk, Trichy District, after issuing notice to the encroachers and by following due process of law. Such an exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

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5.The Writ Petition stands disposed of with the above directions. No costs.

[R.M.D., J.] [J.S.N.P., J.] 15.09.2022 Internet : Yes / No Index : Yes / No sj To 1.The District Collector, Tiruchirappalli 620 001.

2.The Revenue Divisional Officer, Tiruchirappalli 620 001.

3.The Commissioner,, Tiruchirappalli City Municipal Corporation, Tiruchirappalli 620 001.

4.The Tahsildar,, Tiruchirappalli Taluk, Tiruchirappalli 620 001.

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R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

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