G. Gnanasoundari v. The District Collector/Monitoring Committee

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 G.Gnanasoundari ... Petitioner vs.

1. The District Collector / Monitoring Committee, Madurai Collectorate, Madurai - 625020.

2. The Revenue Divisional Officer, Usilampatti Revenue Divisional Office, Usilampatti Taluk, Madurai District.

3. The Tahsildar, Usilampatti Taluk Office, Usilampatti Taluk.

4. M.Karuthapandi ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 forthwith to remove the encroachment such as pillar stone put up by the 4th respondent in Government Poramboke Cart Track comprising in Survey No.30/8, situated at A.Pudhupatti Village, Usilampatti Taluk, Madurai District and restore the same as per Village Revenue Records by considering the petitioner's representation dated 09.09.2024.

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For Petitioner : Ms.K.Vidya For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) It is the claim of the petitioner that the fourth respondent has encroached upon the land in Survey No.30/8, which is shown as Pathway in the revenue records.

2. Mr.S.P.Maharajan, learned Special Government Pleader, appearing for the respondents 1 to 3 would submit that the authorities will carry out the survey and if it is found that there is any encroachment on land classified as ''tz;b ghij'', the same will be removed after following the due process of law.

3. Recording the said statement of the learned Special Government Pleader, this Writ Petition is disposed of with the direction to the respondents 1 to 3 to initiate appropriate proceedings, if it is found that there is any encroachment, under the Tamil Nadu Land Encroachment Act, 1905. The proceedings, if necessary, shall be initiated within a period of six weeks from today. No costs.

(R.S.M, J.) (L.V.G, J.) 04.10.2024 Index : No : No Page No.2 of 4

To

1. The District Collector / Monitoring Committee, Madurai Collectorate, Madurai - 625020.

2. The Revenue Divisional Officer, Usilampatti Revenue Divisional Office, Usilampatti Taluk, Madurai District.

3. The Tahsildar, Usilampatti Taluk Office, Usilampatti Taluk.

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R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

smn2 ORDER MADE IN DATED : 04.10.2024 Page No.4 of 4