Disposed

R.Vijayalakshmi, v. the District Collector

Madras HC13 Nov 2018WP(MD)/9037/2018

Case brief

AI extract

What is this about?

This writ petition sought a direction to remove encroachments on a village common road by private individuals. The Madurai Bench of the Madras High Court directed the Sub Collector and Tahsildar to conduct a survey and initiate action within eight weeks if encroachments were found.

What did the court decide?

Respondents 2 and 3 directed to conduct a survey and remove encroachments within 8 weeks.

R.Vijayalakshmi, Vs the District Collector — Landlord and Tenant | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2018 CORAM: THE HON'BLE Mr. JUSTICE R.SUBBIAH AND THE HON'BLE Mrs. JUSTICE R.THARANI

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W.P.(MD)No.9037 of 2018

R.Vijayalakshmi

... Petitioner

Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

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2.The Sub Collector, Paramakudi, Ramanathapuram District.

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3.The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District.

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4.The Block Development Officer, Paramakudi Union, Paramakudi, Ramanathapuram District.

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5.Narayanaraj

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6.Muniaraj

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7.Janarthanan

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8.Rengaraj

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9.Ragavan

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10.Govindaraj

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11.Guppusamyraj

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12.Chandran

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13.Jegannathan

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14.Alagarsamyraj

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15.Ramamoorthy

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... Respondents

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PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to remove the encroachment, encroached by the respondents 5 to 15 in the pathway in Survey Nos.204/9, 205 and 205/14 in Muthuramalingampuram Village, Melakaavanur Revenue Birka Paramakudi https://hcservices.ecourts.gov.in/hcservices/ Taluk, as per the proceedings of the respondents 1 and 2, dated 15.02.2018, 02.03.2018 and 14.03.2018 and further direct to take

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appropriate action against the encroachers within the time limit prescribed by this Court.

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For Petitioner : Mr.K.C.Ramalingam For Respondents : Mr.P.Sethuraman, Spl.G.P. for R1 to R3 Mr.D.Senthil for R5,R6,8 to 15

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ORDER

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(Order of the Court was made by R.SUBBIAH,J.)

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This Writ petition has been filed to issue a Writ of Mandamus, directing the respondents 2 and 3 to remove the encroachment made by the respondents 5 to 15 in the pathway in Survey Nos.204/9, 205 and 205/14 at Muthuramalingampuram Village, Melakaavanur Revenue Birka Paramakudi Taluk, in view of the proceedings of the respondents 1 and 2, dated 15.02.2018, 02.03.2018 and 14.03.2018 and also to take appropriate action against the encroachers within a time frame.

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2.It is the case of the petitioner that he is residing in the above said Village. The land in Survey Nos.204/9, 205 and 205/14 are used as village common road. The villagers in Muthuramalingampuram Village were using the land as pathway. In such a situation, the respondents 5 to 15 have encroached the said pathway and constructed a house, a hut and also a toilet. When the same was questioned by the petitioner and others, the respondents 5 to 15 have attacked and abused the petitioner and his family members. Hence, the petitioner has made representations to the respondents 2 to 4 on 09.02.2018 and 19.02.2018. In response to the same, the first respondent by a proceedings dated 02.03.2018 directed the fourth respondent to take appropriate action for removing such encroachment as per G.O.Ms.No.540 (Revenue Department), dated 04.12.2013.

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3.Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing for the respondents 1 to 4 and Mr.D.Senthil, learned counsel appearing for the respondents 5, 6, 8 to 15.

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4.After hearing the arguments on either side, the respondents 2 and 3 are hereby directed to conduct a survey with field map and other relevant documents, if any and if the above said land is encroached, the respondents 2 and 3 shall initiate necessary action to remove such encroachment in accordance with law. The entire exercise shall be completed, within a period of 8 weeks from the date of receipt of a copy of this order. Accordingly, this Writ petition is disposed of. No costs.

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SD/ASSISTANT REGISTRAR(CS-II)

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/TRUE COPY/

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

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SUB ASSISTASNT REGISTRAR(CS II)

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To 1.The District Collector, Ramanathapuram District, Ramanathapuram. 2.The Sub Collector, Paramakudi, Ramanathapuram District. 3.The Tahsildar, Paramakudi Taluk, Paramakudi, Ramanathapuram District. 4.The Block Development Officer, Paramakudi Union, Paramakudi, Ramanathapuram District. +1 CC TO MR.K.C.RAMALINGAM, ADVOCATE IN SR.NO.95020. +1 CC TO MR.D.SENTHIL, ADVOCATE IN S.R.NO.95087. NBJ DS SKN SAR2 21 12 2018 3P 7C

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W.P.(MD)No.9037 of 2018 13.11.2018

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

R.Vijayalakshmi, v. the District Collector

Case brief

What is this about?

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R.Vijayalakshmi, v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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