P. Ganesan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR P.Ganesan ... Petitioner -vs1.The District Collector Madurai, Madurai District 2.The District Revenue Officer Madurai, Madurai District 3.The Revenue Divisional Officer Usilampatty, Madurai District 4.The Tahsildar Usilampatty Taluk Madurai District 5.The President / Executive Officer Kannanur Village Panchayat Madurai District 6.Rajendran 7.Kasinathan 8.Perumal ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the first respondent to direct the respondents 3 and 4 to remove the encroachments and protect the public pathway, water output canal in Natham Survey No.153/1B of Kannanur Village, Usilampatty Taluk, Madurai District, based on the petitioner's representation dated 12.10.2015.

For Petitioner :

Mr.Na.Palaniyandi For Respondents :

Mr.V.Nirmal Kumar Government Advocate for R1 to R4 Mr.R.Anandharaj for R5 Mr.J.Baradhan for R6 to R8

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the first respondent to direct the respondents 3 and 4 to remove the encroachments and protect the public pathway, water output canal in Natham Survey No.153/1B of Kannanur Village, Usilampatty Taluk, Madurai District, based on the petitioner's representation dated 12.10.2015.

2. Learned counsel appearing for the respondents 6 to 8 submitted that the private respondents are residing in the subject land from time immemorial and therefore, the official respondents have no legal right to remove them from the subject land.

3. Learned Government Advocate appearing for the respondents 1 to 4, on instructions, submitted that based on the report dated 23.09.2022 of the Village Administrative Officer, Kannanur Village, recommending to conduct a survey in the subject land, the fourth respondent has sent a communication vide proceedings in Na.Ka.Aa2/717/2022, dated 23.09.2022, to the Block Development Officer, Chellampatty; Sub Inspector of Police, Chekkanoorani; Zonal Deputy Tahsildar, Chellampatty; Revenue Inspector / Firka Surveyor, Karumathur and Village Administrative Officer, Kannanur, directing them to be present in the subject land on 30.09.2022 at 10.30 a.m., for survey. However, on account of law and order problem, survey could not be conducted and it is postponed.

4. In view of the above position, the authority concerned is directed to conduct a survey in the subject land, after giving due notice and sufficient opportunity to all the parties concerned and pass appropriate orders

on merits and in accordance with law, after considering the written submissions, if any, filed by any of the aggrieved persons. Such an exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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

[D.K.K., J.] [R.V., J.] 12.12.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Madurai, Madurai District.

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

3.The Revenue Divisional Officer, Usilampatty, Madurai District.

4.The Tahsildar, Usilampatty Taluk, Madurai District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk 12.12.2022