Madras High Court
Vasavi vs The District Collector on 10 November, 2022
W.P.(MD) No.14527 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
AND
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD)No.14527 of 2020
Vasavi ... Petitioner
-Vs-
1.The District Collector,
Trichy District, Trichy.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Vannangkovil, Srirangam Region,
Trichy District.
3.The Tahsildar,
Manapparai Taluk, Trichy District.
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.14527 of 2020
4.The Block Development Officer,
Block Development Office,
Vaiyampatti, Trichy District.
5.Vairamani
6.Silumbayee
7.Nagammal ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue
a Writ of Mandamus, directing the respondents 1 to 4 to remove the
encroachment of the Government pathway comprised in Survey No.727/32
situated at Arasunilaipalayam, Aniyappoor Village, Manapparai Taluk, Trichy
District encroached by the respondents 5 to 7 by taking necessary action based
on the petitioner's representation dated 06.10.2020.
For Petitioner : Mr.A.Joel Paul Antony
For R1 to R4 : Mr.G.V.Vairam Santhosh,
Additional Government Pleader
For R5 : Mr.R.Mahesaran
For R6 & R7 : No Appearance
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W.P.(MD) No.14527 of 2020
ORDER
[Order of the Court was made by R.MAHADEVAN, J.]
This Writ Petition has been filed, seeking issuance of a Writ of
Mandamus, directing the respondents 1 to 4 to remove the encroachment made
by the respondents 5 to 7 in the pathway comprised in Survey No.727/32
situated at Arasunilaipalayam, Aniyappoor Village, Manapparai Taluk, Trichy
District, based on the petitioner's representation dated 06.10.2020 within a time
frame.
2.According to the petitioner, the aforesaid survey number is classified
as Government Poramboke pathway in the revenue records. The predecessor of
the petitioner filed a Civil Suit in O.S.No.375 of 2004, seeking permanent
injunction in respect of the said pathway before the District Sessions Judge,
Manapparai and the same was decreed in his favour by judgment and decree
dated 25.04.2005. Despite the same, the respondents 5 to 7 again encroached the
land in question. Hence, the petitioner made a representation dated 06.10.2020
to the respondents 1 to 4. Finding no heed to it was paid, this Writ Petition is
filed.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.14527 of 2020
3.Today, when the matter was taken up for hearing, the learned
Additional Government Pleader for the respondents 1 to 4 submitted that the
representation of the petitioner dated 06.10.2020 would be considered on merits
and appropriate action would be taken for removal of the encroachments, if any
in the place in question, by following due process of law, within a time frame,
for which, the learned counsel for the petitioner is agreeable.
4.In view of the above, without going into the merits of the case, this
Court directs the authorities concerned to consider the representation of the
petitioner dated 06.10.2020 and pass appropriate orders on merits and in
accordance with law. If there is any encroachment in the place in question, the
same shall be removed by the authorities concerned, after affording sufficient
opportunity to all the parties concerned and by following due process of law,
within a period of twelve (12) weeks from the date of receipt of a copy of this
order.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.14527 of 2020
5.With the above direction, this Writ Petition stands disposed of. No
costs.
[R.M.D., J.] & [J.S.N.P., J.]
10.11.2022
Index : Yes / No
Internet : Yes / No
Myr
To
1.The District Collector,
Trichy District, Trichy.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Vannangkovil, Srirangam Region,
Trichy District.
3.The Tahsildar,
Manapparai Taluk, Trichy District.
4.The Block Development Officer,
Block Development Office,
Vaiyampatti, Trichy District.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.14527 of 2020
R.MAHADEVAN, J.
AND
J.SATHYA NARAYANA PRASAD, J.
Myr
W.P.(MD)No.14527 of 2020
10.11.2022
https://www.mhc.tn.gov.in/judis
