L. Mayan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI L.Mayan ... Petitioner -vs1.The District Collector, Sivagangai District, Sivagangai.

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

3.The Tahsildar, Sivagangai Taluk, Sivagangai District.

4.The Block Development Officer, Sivagangai Panchayat Union, Sivagangai.

5.The President, Malampatti Village Panchayat, Malampatti, Sivagangai District.

6.Pandidurai ... Respondents 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 6th respondent Pathway on the (Government Poramboke Land) measuring about an extent of 0.45.0 Ares in Survey No. 473/1, situated at Malampatti Village, Sivagangai Taluk and Sivagangai District and in furtherance to direct the 4th respondent to lay the Paver block Road on the said land as per the resolution of the 5th respondent dated 02.10.2021, by considering the petitioner's representation dated 05.08.2024 and for other reliefs.

For Petitioner : Mr.J.Lawrance For Respondents 1 to 5 : Mr.S.R.A.Ramachandran Additional Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.S.R.A.Ramachandran, learned Additional Government Pleader takes notice for the respondents 1 to 5. Since we are not passing any adverse order, notice to the 6th respondent is dispensed with. 2.It is admitted that the land in question has been classified as Sarkar Poramboke.

3.Mr.S.R.A.Ramachandran, learned Additional Government Pleader also submits that efforts are on to conduct the survey. Once survey is conducted, if it is found that there is any encroachment, the same will be removed by following due process of law.

4.Recording the statement, the Writ Petition is disposed of with a direction to the respondents 1 to 5 to proceed in accordance with law. If any encroachment is found, action shall be initiated to remove the encroachment within a period of 12 weeks from today. No Costs. [R.S.M., J.] [L.V.G., J.] 04.10.2024 NCC :

Yes/No Index :

Yes/No Internet :

Yes Mrn To 1.The District Collector, Sivagangai District, Sivagangai.

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

3.The Tahsildar, Sivagangai Taluk, Sivagangai District.

4.The Block Development Officer, Sivagangai Panchayat Union, Sivagangai.

5.The President, Malampatti Village Panchayat, Malampatti, Sivagangai District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 04.10.2024