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Madras High CourtWP(MD)/27649/2022dismissed

Ramadevi .R v. The District Collector

2023-01-20Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR R.Ramadevi ... Petitioner vs.

1. The District Collector, Dindigul District, Dindigul.

2. The District Revenue Officer, Palani, Dindigul District.

3. The Tahsildar, Ottanchathiram Taluk, Dindigul District.

4. Chellappan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made in Survey No.308/23, North South Cement Road, which is encroachment made 1/4

by the 4th respondent based on the petitioner's representation dated 14.02.2022 within the period stipulated by this Court. For Petitioner : Mr.T.Ramasamy For R1 to R3 : Mr.P.Thilakkumar, Government Pleader

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the 4th respondent in Survey No.308/23, North South Cement Road, based on the petitioner's representation dated 14.02.2022 within a time frame.

2.

Today, when the writ petition was taken up for hearing, learned Government Pleader appearing for the official respondents produced the proceedings of the 3rd respondent in Na.Ka.No. 102/2022/B3 dated 22.12.2022 and submitted that there is no encroachment by the 4th respondent in the pathway in question as 2/4

alleged by the petitioner. As per the revenue records, patta has been issued to the 4th respondent for an extent of 506 sq.ft in S.No.308/18 which is not connected to the pathway in question. 3.

Recording the above submission, the Writ Petition is dismissed. No costs.

[D.K.K.,J.] & [R.V.,J.] NCC : Yes / No 20.01.2023 Index : Yes / No Internet : Yes To

1. The District Collector, Dindigul District, Dindigul.

2. The District Revenue Officer, Palani, Dindigul District.

3. The Tahsildar, Ottanchathiram Taluk, Dindigul District.

3/4

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

bala ORDER MADE IN DATED : 20.01.2023 4/4