Nabiza Banu, v. The District Colelctor,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No. 6623 of 2011 Nabiza Banu .. Petitioner Vs.
1. The District Collector, Ramanathapuram District, Ramanathapuram.
2. The Tahsildar,
3. The Block Development Officer, Mandapam Panchayat Union, Uchipuli,
4. The President, Pamban Panchayat,
5. Rojan Beevi
6. Asiyath Jailani
7. Mohammed Hanifa
8. Seeni
9. Durai 10.Partrick 11.Jamaludeen 12.Abdul Kareem .. Respondents (R5 and R6 were impleaded as party respondents vide Court order dated 24.04.2012 in M.P.No.1 of 2012 and R7 to R12 impleaded as party of the respondent vide Court order dated 03.07.2013 in M.P.(MD)No.2 of 2012) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the
respondents to remove the encroachment in the pathway measuring about 0.42.0 sq.m. in survey No.1098/2A49, which is in front of Survey No.1098/2A48C (a patta land of the petitioner) situated at Pamban Village, Rameswaram Taluk, Ramanathapuram District, within the time stipulated by this Court.
For Petitioner : M/s.P.Kalaiyarasi Bharathi For Respondents : Mr.T.S.Mohamed Mohideen (R1 & R2) Additional Government Pleader Mr.C.Venkatesh Kumar (for RR8,9,10 & 12) for Ajmal Associates Mr.A.Kannan (for R7 & R11) Mr.D.Sasikumar (for R3 & R4) Mr.Saravanakumar (for R5 & R6)
ORDER
[Order of the Court was made by G.R.SWAMINATHAN, J.] The petitioner seeks a direction for removal of the encroachment said to have been made in the public path way in Survey No.1098/2A49, which is in front of Survey No.1098/2A48C (a patta land of the petitioner) situated at pamban village, Rameswaram Taluk, Ramanathapuram District.
2.The third respondent is directed to enquire into the matter and if any encroachment is noticed the third respondent shall cause its removal after following statutory procedure within a period of three months from the date of receipt of a copy of this order. 3.This writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Ramanathapuram District, Ramanathapuram.
2. The Tahsildar,
3. The Block Development Officer, Mandapam Panchayat Union, Uchipuli,
4. The President, Pamban Panchayat, + 1 CC TO Mr.M.SARAVANAKUMAR, ADVOCATE IN SR No. 79232 + 1 CC TO M/s.AJMAL ASSOCIATES, IN SR No. 78974 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 79337 TA/MM TE/SKN-RSK/SAR-1 : 12/12/2017 : 3P/8C W.P.(MD)No.6623 of 2011 14.09.2017