Madras High Court
N.Nagarajan vs The Revenue Divisional Officer on 23 November, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD) No.580 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.11.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD) No.580 of 2021
and C.M.P.(MD) No.2631 of 2021
N.Nagarajan ... Appellant/Writ Petitioner
-Vs.-
1.The Revenue Divisional Officer,
Revenue Divisional Office,
Thirumangalam,
Madurai District.
2.The Tahsildar,
Tahsildar Office,
Thirumangalam,
Madurai District.
3.The Head Surveyor,
Tahsildar Office,
Thirumangalam,
Madurai District.
4.The Thirumangalam Municipality,
Rep. through its Commissioner,
Thirumangalam,
Madurai District.
5.R.Parameswari ... Respondents/Respondents
(R5 impleaded vide order of the Court
dated 23.11.2023 made in C.M.P.(MD)
1/5
https://www.mhc.tn.gov.in/judis
W.A.(MD) No.580 of 2021
No.11038 of 2021 in W.A.(MD) No.
580 of 2021 by SMSJ & VLNJ)
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent Act, to
set aside the order dated 04.12.2020 made in W.P.(MD)No.17566 of 2020
on the file of this Court.
For Appellant : Mr.N.Sathish Babu
For Respondents : Mr.M.Lingadurai
Special Government Pleader
for R1 to R3
Mr.A.Kannan,
Standing Counsel for R4
Mr.V.Panneer Selvam for R5
****
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The order impugned dated 04.12.2020 passed in W.P.(MD) No.
17566 of 2020 is sought to be set aside in the present Writ Appeal.
2. The writ petitioner is the appellant before us. The Writ was
instituted to direct the respondents 1 and 2 to consider the representation
dated 16.09.2020 in respect of rectification of entry in revenue records
relating to T.S.No.219, measuring to an extent of 36 Square Metres in
Ward-C, Block No.20, Sundara Konar Street, Thirumangalam Town,
Madurai District.
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3. Learned Single Judge without going into the merits of the
case, directed the authorities concerned to conduct field inspection, take
photograph and videograph and if they found that there is a lane and it
does not belong to the appellant actions are to be initiated. The appellant
was granted liberty to approach the Civil Court. While so, the appellant
was directed to pay a cost of Rs.1,00,000/-, if it is found that the subject
property is a lane, in which the appellant has made encroachment.
4. Since liberty was granted to the petitioner to approach the
Civil Court, cost imposed is unnecessary is the ground raised by the
learned counsel appearing for the appellant.
5. We are in agreement with the arguments as advanced on
behalf of the appellant. Learned Single Judge has directed the authorities
to conduct field inspection. It is brought to our notice that survey has
been conducted. If any encroachments are identified, the authorities
competent shall proceed with the removal of such encroachment by
following the procedures as contemplated under the relevant statute.
Such a procedure is directed to be completed within a period of twelve
weeks from the date of receipt of a copy of this order.
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6. With the above directions, the costs imposed alone is deleted
and the order impugned dated 04.12.2020, passed in W.P.(MD) No.17566
of 2020 stands modified and the Writ Appeal stands disposed of. No
costs. Consequently, connected Civil Miscellaneous Petition is closed.
[S.M.S.J.,] & [V.L.N.J.,]
NCC :Yes/No 23.11.2023
Index :Yes/No
SJ
To
1.The Revenue Divisional Officer,
Revenue Divisional Office,
Thirumangalam,
Madurai District.
2.The Tahsildar,
Tahsildar Office,
Thirumangalam,
Madurai District.
3.The Head Surveyor,
Tahsildar Office,
Thirumangalam,
Madurai District.
https://www.mhc.tn.gov.in/judis
S.M.SUBRAMANIAM, J.
AND
V. LAKSHMINARAYANAN, J.
SJ
23.11.2023
https://www.mhc.tn.gov.in/judis
