D.Elaiyaperumal vs The District Collector
2022 Latest Caselaw 6423 Mad

                                                                                    W.P.No.7189 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 29.03.2022

                                                     CORAM

                                        THE HONOURABLE MR.JUSTICE T.RAJA

                                                       AND

                                   THE HONOURABLE MR.JUSTICE S.SOUNTHAR

                                                W.P.No.7189 of 2022

            D.Elaiyaperumal                                                   .. Appellant
                                                    Versus

            1.The District Collector,
              Krishnagiri District.

            2.The District Revenue Officer,
              Krishnagiri District.

            3.The Tahsildar,
              Uthangarai Taluk,
              Krishnagiri District.

            4.The Village Administrative Officer,
              Kizhmathur Village,
              Andiyur Post,
              Uthangarai Taluk,
              Krishnagiri District.

            5.Raja                                                            .. Respondents


            Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking

            for issuance of a writ of mandamus to direct the respondents 1 to 4 to consider the

            representation of the petitioner dated 19.02.2022 and consequently direct the respondents

            3 and 4 to field inspect and remove the encroachment in the common pathway in respect

            of Survey Nos.239/6, 239/7B, 248/1, 249/1 of Kizhmathur Village, Andiyur Post, Uthangarai

            Taluk, to confirm the same as per circular dated 02.06.2010.
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                                                                                          W.P.No.7189 of 2022



                                    For Petitioner              : Mr.R.Sathish Kumar

                                    For R1 to R4                : Mr.A.Selvendran, Spl.GP

                                                     JUDGMENT

(Judgment of the Court was delivered by T.RAJA, J.)

The petitioner/Mr.D.Elaiyaperumal has filed this writ petition seeking for issuance

of a writ of mandamus to direct the respondents 1 to 4 to consider his representation dated

19.02.2022 and consequently direct the respondents 3 and 4 to conduct field inspection and

then remove the encroachment made in Survey Nos. 239/6, 239/7B, 248/1, 249/1 of

Kizhmathur Village, Andiyur Post, Uthangarai Taluk, which is a common pathway.

2. It is submitted by the learned counsel for the petitioner that the petitioner being a

resident of Kizhmathur Village, Uthangarai Taluk, Krishnagiri District, is well aware of the

fact that there is a common pathway in Survey Nos.248/1, 249/1, 239/7B, 239/6 and by

using this pathway, the residents of the above said Village would reach Kazhatamman

Temple and Papathiamman Temple and it is also a pathway to reach Udanjeri Lake.

Whileso, the fifth respondent has encroached the land in the above said survey numbers

unlawfully and thereby causing public nuisance to the road users. Therefore, a

representation has been made on 19.02.2022 to the respondents 1 to 4 for removal of the

encroachment, but, no action has been taken till date.

3. It is further submitted that in the 'A' register maintained by the Revenue https://www.mhc.tn.gov.in/judis

W.P.No.7189 of 2022

Department, the above said survey numbers are shown as common pathway for public

purpose. When a suit was filed by the fifth respondent in O.S.No.62 of 2011 seeking for

permanent injunction, learned District Munsif-cum-Judicial Magistrate, Uthangarai,

dismissed the said suit on 14.09.2016. Therefore, the official respondents shall not hesitate

to remove the encroachment made in the above said common pathway.

4. Mr.A.Selvendran, learned Special Government Pleader, accepting notice for the

respondents 1 to 4, sought for six weeks time to dispose of the pending representation

dated 19.02.2022 of the petitioner in accordance with law.

5. In view of the above, considering the limited prayer of the petitioner, a direction

is issued to the respondents 1 to 4 to consider the pending representation dated 19.02.2022

of the petitioner and pass orders on merits and in accordance with law, within a period of

six weeks from the date of receipt of a copy of this order, after issuing notice to all the

aggrieved parties. With this direction, the writ petition stands disposed of. No Costs.

(T.R., J.) (S.S., J.) 29.03.2022 rkm Index:yes/no Speaking/non-speaking

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

W.P.No.7189 of 2022

T.RAJA, J.

and S.SOUNTHAR, J.

rkm

To

1.The District Collector, Krishnagiri District.

2.The District Revenue Officer, Krishnagiri District.

3.The Tahsildar, Uthangarai Taluk, Krishnagiri District.

4.The Village Administrative Officer, Kizhmathur Village, Andiyur Post, Uthangarai Taluk, Krishnagiri District.

W.P.No.7189 of 2022

29.03.2022

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