K. Ramalingam, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR K.Ramalingam ... Petitioner vs.

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

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Taluk Office, Paramakudi, Ramanthapuram District.

4.K.Balakrishnan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the third respondent to comply the order of the proceedings in Oo.Mu.Pi.3/13760/2018 dated 03.04.2018 passed by the first respondent in respect of petitioner's property in Survey No.231/1 situated in Pogalur Village, Paramakudi Taluk, Ramnad District within the time stipulated by this Court. 1/5

For Petitioner : Ms.R.Karthika for M/s.Right Law Associates For Respondent Nos.1 to 3 : Mr.T.Amjadkhan Government Advocate For Respondent No.4 : No appearance

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, to direct the third respondent to comply with the order of the proceedings in Oo.Mu.Pi.3/13760/2018 dated 03.04.2018 passed by the first respondent in respect of petitioner's property in Survey No.231/1 situated in Pogalur Village, Paramakudi Taluk, Ramnad District within the time stipulated by this Court.

2.The grievance of the petitioner is that though the first respondent vide proceedings dated 03.04.2018, directed the third respondent to survey the land in question and to take appropriate action for removal of encroachment, the same has not been considered. Hence, he has filed the present Writ Petition.

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3.On a perusal of the materials available on record, it is seen that according to the petitioner, there is a public pathway near the petitioner's property, which has been encroached upon by the fourth respondent and he has also obstructed the pathway and due to the obstruction made in the public pathway, the residents of the Village are facing difficulties in using the said pathway. Further, it is seen that there is a dispute between the petitioner and the fourth respondent. Even for removal of the encroachment made by the fourth respondent, the petitioner has not produced any relevant material to substantiate his contention. Hence, the Writ Petition is dismissed. No costs.

[D.K.K.,J.] [R.V.,J.] 12.02.2024 NCC : Yes / No Index : Yes / No ps To 1.The District Collector, O/o.District Collector, Ramanathapuram District.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, 3/5

Paramakudi, Ramanathapuram District.

3.The Tahsildar, Taluk Office, Paramakudi, Ramanthapuram District.

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D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 12.02.2024 5/5