Madras High CourtWP(MD)/21505/2016closed

J.D.Jose Balan Gnanaraj v. The District Collector

2022-09-28Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD J.D.Jose Balan Gnanaraj ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai District, Madurai.

3.The Tahsildar, Madurai West Taluk, Madurai District.

4.Kannika Niraivani ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 - 3 to take appropriate steps to remove the encroachment put up by 4th respondent in Survey No.52A/1B2 by encroaching the 20 feet common pathway and remove the same by considering the representation given by the petitioner dated 29.07.2013, 02.12.2013, 08.09.2015 and as per the proceedings of the 2nd respondent in O.Mu.No. 6175/2013/A dated 01.08.2013.

For Petitioner :

Mr.N.Sathish Babu For Respondents :

Mr.V.Nirmal Kumar, Government Advocate for R1 to R3 Mr.J.Barathan for R4

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take appropriate steps to remove the encroachment made by the 4th respondent in the 20 feet common pathway in Survey No.52A/1B2, by considering the representations of the petitioner dated

29.07.2013, 02.12.2013, 08.09.2015 and as per the proceedings of the 2nd respondent in O.Mu.No.6175/2013/A, dated 01.08.2013.

2. A Counter affidavit has been filed by the third respondent stating that there is no encroachment in the common pathway as alleged by the petitioner and that there is no pathway at all.

3. Recording the above said specific averment in the counter affidavit, this Writ Petition is closed. No costs.

[R.M.D., J.] [J.S.N.P., J.] vsm 28.09.2022

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai District, Madurai.

3.The Tahsildar, Madurai West Taluk, Madurai District.

28.09.2022