Udayasuryan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Udayasuryan : Petitioner Vs.

1.The District Collector, Office of the District Collector, Madurai.

2.The Commissioner, Madurai Corporation, Madurai.

3.Muraliraj : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second respondent herein to take necessary action for removal of the illegal encroachments made in the public pathway situated at 1st 1/5

street Jeevanagar, Jaihindpuram, Madurai District by the third respondent based on petitioner's representations dated 06.09.2021 and 16.09.2021 within the time stipulated by this Court. For Petitioner : Mr.S.Thangaraj For Respondent No.1 : Mr.P.Thilak Kumar Government Pleader For Respondent No.2 : Mr.K.K.Kannan For Respondent No.3 : Ms.P.Rajeswari

O R D E R

************ [Order of the Court was made by M.S.RAMESH, J.] The claim of the petitioner that the third respondent herein has encroached upon a public pathway cannot be sustained, since the second respondent Corporation had conducted a survey over the subject land and found the land to be vested with the third respondent herein, who had acquired the same through a proper sale deed. Hence, the petitioner's claim may not be correct, since the third respondent's possession over the subject property would not amount to an encroachment.

2/5

2.Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.

[M.S.R.,J.] & [A.D.M.C.,J.] 11.12.2024 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The District Collector, Office of the District Collector, Madurai.

2.The Commissioner, Madurai Corporation, Madurai.

4/5

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR ORDER MADE IN 11.12.2024 5/5