Velayutham.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD K.Velayutham ... Petitioner -vs1.The District Collector Madurai District, Madurai 2.The Revenue Divisional Officer O/o.The Revenue Divisional Officer Madurai, Madurai District 3.The Tahsildhar Madurai North Taluk Madurai District 4.V.Alagammal 5.The Madurai Corporation rep.by its Commissioner Arignar Anna Maligai Thallakulam Madurai-625 002 ... Respondents [R5 is impleaded vide Court Order dated 12.10.2022 in W.M.P.(MD) No.

8467 of 2022]

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent in the public pathway in Ward No.5, Kodikatha Kumaran Street, K.Pudhur, Tallakulam Village, Madurai North Taluk, Madurai District and the public pathway to its original position, within the stipulated time.

For Petitioner :

Mr.T.Lajapathi Roy For Respondents :

Mr.V.Nirmal Kumar Government Advocate for R1 to R3 Mr.J.Mathesh for R4 Mr.K.K.Kannan for R5

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 to 3 to remove the encroachment made by the fourth respondent in the public pathway in Ward No.5, Kodikatha Kumaran Street, K.Pudhur, Tallakulam Village, Madurai North Taluk, Madurai District and to restore the the public pathway to its original position, within the stipulated time.

2. According to the petitioner, the fourth respondent has encroached a public pathway and seeking to remove the same, he made a representation dated 28.10.2020 to the first respondent and based on the petitioner's representation, the third respondent conducted a survey and vide proceedings in Na.Ka.No.6818/2020/A5, dated 04.08.2021 found that the fourth respondent has made encroachment as alleged by the petitioner and accordingly, directed her to remove the same. However, when the third respondent proceeded to remove the encroachment, the fourth respondent filed a civil suit in O.S.No.441 of 2021, before the District Munsif Court, Madurai, seeking declaration and permanent injunction and the same is pending. According to the petitioner, since the said encroachment is on a public pathway, under Sections 6 and 14 of the Tamil Nadu Land Encroachment Act, 1905, the authority concerned is duty bound to remove the same by due process of law.

3.

The learned Government Advocate appearing for the respondents 1 to 3, on instructions, submitted that the encroachment, as alleged by the petitioner, would be removed in the manner known to law.

4. In view of the above submissions, the authority concerned is directed to remove the encroachment, if any, made by the fourth respondent in the subject area, after giving due notice and sufficient opportunity to all the parties concerned and by following due process of law, within a period of eight

(8) weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 12.10.2022 (2/2) Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Madurai, Madurai District.

3.The Tahsildhar, Madurai North Taluk, Madurai District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 12.10.2022 (2/2)