Petitioner sought writ of mandamus for removal of alleged encroachments on S.No.138/10 and S.No.138/7. Court, relying on revenue records showing the lands as patta (private) ownership instead of government pormboke, held no encroachment existed and dismissed the petition.
Writ petition dismissed. No costs. WMP No.32055 of 2022 closed.
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W.P. No.32660 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2022
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Writ Petition No.32660 of 2022
A.Kailasam
... Petitioner
Vs.
1.The District Collector, Salem District
2.The Revenue Divisional Officer Sankari Taluk, Salem District.
3.The Tahsildar, Sankari Taluk, Salem District.
4.M.Sampath
5.The Sub Registrar, Sankari Taluk, Salem District.
... Respondents
Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the third respondent to survey and remove encroachment found in the common road in S.No.138/10 and cart track in S.No.138/7, Morur Bit-I Village, Sankari Taluk, Salem District.
Page 1 of 4
W.P. No.32660 of 2022
For the Petitioner :: Mr.S.Kolandasamy For the Respondents :: Mr.A.Selvendran, Special Government Pleader for respondents 1 to 3 and 5
ORDER
(Made by the Hon'ble Acting Chief Justice)
The petitioner has filed this writ petition for the issuance of Writ
of Mandamus directing the third respondent to survey and remove encroachments from the common road in S.No.138/10 and cart track in S.No.138/7, Morur Bit-I Village, Sankari Taluk, Salem District.
Page 2 of 4
W.P. No.32660 of 2022
land, as per the revenue records. Any activity undertaken in a patta land cannot be called as an encroachment. Therefore, we are not inclined to entertain this writ petition. The writ petition fails and the same is dismissed. No costs. Consequently, WMP No.32055 of 2022 is closed.
(T.R., ACJ.) (D.B.C., J.) 07.12.2022
Index: Yes/No tar
To
1.The District Collector, Salem District
2.The Revenue Divisional Officer Sankari Taluk, Salem District.
3.The Tahsildar, Sankari Taluk, Salem District.
4.The Sub Registrar, Sankari Taluk, Salem District.
Page 3 of 4
W.P. No.32660 of 2022
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.
(tar)
W.P. No.32660 of 2022
07.12.2022
Page 4 of 4
1 issue framed by the court
Whether to issue a writ of mandamus directing the Tahsildar to survey and remove encroachments from patta land claimed to be common road and cart track.
A.Kailasam
The District Collector, Salem District
The Revenue Divisional Officer Sankari Taluk, Salem District
The Tahsildar, Sankari Taluk, Salem District
M.Sampath
The Sub Registrar, Sankari Taluk, Salem District
T.Raja
D.Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
