Madras High CourtWP(MD)/17034/2017disposed of

Mani, S/O.Murugan, v. The District Collector

2022-09-13Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad2 pages

W.P.(MD) No.17034 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD) No.17034 of 2017 Mani ... Petitioner -vs1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Pattukkottai, Thanjavur District.

3.The Tahsildar, Peravoorani Taluk Office, Thanjavur District.

4.Baskar 5.Moorthy ... 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 4th and 5th respondents in common pathway in Survey No.220/9 at Nelliyadikadu Village, Manakadu Post, Peravoorani Taluk, Thanjavur District by considering petitioner's representation dated 18.07.2017. For Petitioner :

Mr.S.Muniyandi For Respondents :

Mr.P.Thilakkumar, Government Pleader for R1 to R3 No Appearance for R4 & R5

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the respondents 4 and 5 in common pathway in Survey No.220/9 at Nelliyadikadu Village, Manakadu Post, Peravoorani Taluk, Thanjavur District by considering the petitioner's representation dated 18.07.2017.

https://www.mhc.tn.gov.in/judis ____________

W.P.(MD) No.17034 of 2017

2. It is the case of the petitioner that there is a common pathway in Survey No.220/9 at Nelliyadikadu Village. The respondents 4 and 5 encroached upon the said common pathway and removed the boundary stones fixed by the Government. Though the petitioner made a representation on 18.07.2017, seeking removal of the encroachment made by the respondents 4 and 5, the respondents 1 to 3 have not taken any steps to remove the encroachment. Hence, the petitioner has approached this Court by filing this Writ Petition as Public Interest Litigation.

3. Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 3 submitted that the encroachment made by the respondents 4 and 5 have already been removed.

4. Recording the said submission, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(C.O) // True Copy // /10/2022 Sub Assistant Registrar(CS) vsm To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Pattukkottai, Thanjavur District.

3.The Tahsildar, Peravoorani Taluk, Thanjavur District.

+1 CC to M/s.SPL.GP ( SR-44760[F] dated 14/09/2022 ) W.P.(MD) No.17034 of 2017 13.09.2022 SI(03.10.2022) 2P 5C https://www.mhc.tn.gov.in/judis ____________