Madras High CourtWP(MD)/23642/2024disposed of

R.Duraipandi v. The District Collector / Monitory Committee

2024-10-03Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Duraipandi ... Petitioner -vs1.The District Collector / Monitoring Committee, Ramanathapuram District.

2.The Tahsildar, R.S.Mangalam Taluk, Ramanathapuram District.

3.S.Ruthratchamani ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to measure the common pathway in Survey No.376/20, situate in Muthupattinam Village, Sethidal Panchayat, R.S.Mangalam Taluk, Ramanathapuram District and to remove the encroachments so as to enable the second respondent to lay the cement road.

For Petitioner : Mr.V.Panneer Selvam For R1 and R2 :

Mr.P.T.Thiraviyam Government Advocate

ORDER

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in the Writ Petition reads as follows:- ''To issue a Writ of Mandamus, directing the respondents to measure the common pathway in Survey No. 376/20, situate in Muthupattinam Village, Sethidal Panchayat, R.S.Mangalam Taluk, Ramanathapuram District and to remove the encroachments so as to enable the second respondent to lay the cement road.''

2. Since we are not passing any adverse order, notice to the third respondent is deemed unnecessary.

3. Mr.P.T.Thiraviyam, learned Government Advocate appearing for the respondents 1 and 2 would submit that the second respondent has arranged for a survey to find out whether there is an encroachment or not. Once the survey is

completed, appropriate action will be taken. The report of the Village Adminiistrative Officer addressed to the Tahsildar has also been placed before us.

4. In view of the same, the Writ Petition is disposed of with the direction to the second respondent to conduct a survey and take appropriate action within a period of eight weeks from the date of receipt of a copy of this order. No costs. NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 03.10.2024 smn2 To 1.The District Collector / Monitoring Committee, Ramanathapuram District.

2.The Tahsildar, R.S.Mangalam Taluk, Ramanathapuram District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

smn2 03.10.2024