Vishnu Ganesh.G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD) No.18151 of 2024 G. Vishnu Ganesh ... Petitioner -vs1.The District Collector, Collector Office Campus, Kokkirakulam, Tirunelveli.

2.The Sub Collector/RDO/Monitoring, Cheranmahadevi, Tirunelveli District.

3.The Executive Officer, Mukkudal Town Panchayat, Mukkudal, Cheranmahadevi Taluk, Tirunelveli District.

4.The Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.

5. Chandran

6. C. Thirumalai Kumar

7. Ramalakshmi

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 7 in S. No.35/1 in Mukkudal Town Panchayat based upon representation dated 12.08.2024, within the time stipulated by this Hon'ble court.

For Petitioner :

Mr.P.P. Alwin Balan For R-1 to R-4 : Mr.P.T. Thiraviyam Government Advocate

ORDER

[Order of the Court was made by R.SUBRAMANIAN, J.] By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

2. Admittedly, the land in question was classified as ryoti land in the A-Register and one Ramaiah Nattar is shown as the owner.

3. Mr.P.T.Thiraviyam, learned Government Advocate would submit that during Natham survey, the land in question was classified as street and objecting to the same, the private respondents have already moved to the District Revenue Officer for re-classification of the land in the light of the above admitted position. We do not think we could issue a Mandamus as asked for.

4. Therefore, the writ petition fails and accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 09.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes Sml To 1.The District Collector, Collector Office Campus, Kokkirakulam, Tirunelveli.

2.The Sub Collector/RDO/Monitoring, Cheranmahadevi, Tirunelveli District.

3.The Executive Officer, Mukkudal Town Panchayat, Mukkudal, Cheranmahadevi Taluk, Tirunelveli District.

4.The Tahsildar, Cheranmahadevi Taluk, Tirunelveli District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Sml 09.09.2024