Dismissed

M.Muthaiah, v. the District Collector

Madras HC20 Mar 2017WP(MD)/3170/2017

Case brief

AI extract

What is this about?

Writ petition filed under Article 226 seeking mandamus to direct revenue officials to remove encroachments in a pathway and Patta land. Court directed third respondent to conduct survey and remove encroachment if found within two months.

What did the court decide?

Third respondent directed to conduct proper survey of Survey No.283/11 and remove any encroachment found within two months.

M.Muthaiah, Vs the District Collector — Land Acquisition | Madras HC (2017)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 20.03.2017

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CORAM:

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THE HONOURABLE MR.JUSTICE A.SELVAM

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and

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THE HONOURABLE MR.JUSTICE N.AUTHINATHAN

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W.P(MD)No.3170 of 2017

M.Muthaiah

.. Petitioner

Vs.

1.The District Collector,

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Sivagangai Dist., Sivagangai – 630 561.

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2.The Revenue Divisional Officer,

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Sivagangai Dist., Sivagangai – 630 561.

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3.The Tahsildar,

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Ilayangudi Taluk, Ilayangudi,

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Sivagangai (Dist)-– 630 702.

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4.Pappa

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5.Parvathy

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6.Karuppusamy Thevar .. Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first to third respondents to remove the encroachments made in the pathway in Pula No.283/11 and seven feet's in petitioner's patta land in Pula No.283/12.

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For Petitioner : M/s.L.Rajiah

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For Respondents 1 to 3 : Mr.M.Govindan, Special Government Pleader. For Respondent No.5 : Mr.J.Jayakumaran

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For Respondents 4 and 6 : No appearance

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https://hcservices.ecourts.gov.in/hcservices/

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ORDER

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[Order of the Court was made by A.SELVAM, J. ]

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This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 3 to remove encroachments alleged to have been made in pathway comprised in Survey No.283/11, Thayanur Village, Ilayankudi Taluk, Sivagangai District, by way of issuing a writ of mandamus.

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2.The learned counsel appearing for the petitioner has contended to the effect that Survey No.283/11 has been classified as a pathway, wherein the respondents 4 to 6 have made certain encroachments and under the said circumstances, the present writ petition has been filed for getting the relief sought therein.

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3.The learned counsel appearing for the fifth respondent has contended to the effect that the fifth respondent has put up a dwelling house in Survey No.283/8 and the same is the absolute property of the fifth respondent and further the fifth respondent has not made any encroachment in Survey No.283/11.

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4.Already the Revenue Divisional Officer, Sivagangai has directed the third respondent to look into the alleged encroachment made in Survey No.283/11. Under the said circumstances, this Court is inclined to pass the following order.

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5.In fine, the third respondent is directed to conduct proper survey in respect of Survey No.283/11 with reference to revenue records after giving proper opportunity to the remaining respondents and if any encroachment is found place, directed to remove the same under due process of law within a period of two months. With the above observations, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar(Records)

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/True Copy/

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Sub Assistant Registrar

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1.The District Collector, Sivagangai District, Sivagangai – 630 561.

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https://hcservices.ecourts.gov.in/hcservices/ 2.The Revenue Divisional Officer,

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Sivagangai District, Sivagangai – 630 561.

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3.The Tahsildar, Ilayangudi Taluk, Ilayangudi, Sivagangai (Dist)-– 630 702.

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+1cc to Mr.J.Jeyakumaran, Advocate, SR.No:15901

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smn

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AE/SKN/RSK/03.04.2017/3P/5C

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ORDER MADE IN W.P(MD)No.3170 of 2017 20.03.2017

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https://hcservices.ecourts.gov.in/hcservices/

M.Muthaiah, v. the District Collector

Case brief

What is this about?

What did the court decide?

M.Muthaiah, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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