Writ petition seeking removal of an alleged encroachment on Government Poromboke land (common pathway). The court declined to decide on merits and permitted a fresh representation, directing the concerned respondent to decide within three months after hearing all interested parties.
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W.P(MD)No.1354 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.12.2024
CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P(MD)No.1354 of 2020
K.SENTHILKUMAR
... PETITIONER
vs.
TRICHY-1
LALGUDI, TRICHY DISTRICT.
Page No.1 of 6
... RESPONDENTS
W.P(MD)No.1354 of 2020
Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the 6th respondent upon the Government Poromboke land (Common Pathway) comprised in S.No. 428/25 situated at Mariamman Kovil Nadu Street, Puthur Uthamanoor Village, Lalgudi Sub Registration District, Trichy District, and to ensure that above said Government Poromboke land is used as a public pathway based on the order/proceedings Na.Ka.A1/2760-2016 dated 10.01.2017 passed by the Tahsildar, Lalgudi the 3rd respondent herein and the proceedings O.Mu.A3/3573/2019 dated 02.07.2019 passed by the Assistant Director/Personal Assistant (Land Survey), Trichy District, the 2nd respondent herein, within the time which may be stipulated by this Court.
For Petitioner : Mr.Y.Krishnan For R1 to R5 : Mr.J.Ashok Additional Government Pleader For R6 : Mr.R.Sundar
ORDER
( Order of the Court was made by M.S.RAMESH, J.)
The prayer in the writ petition is for issuance of a Writ of Mandamus, Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the 6th respondent, upon the
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W.P(MD)No.1354 of 2020
Government Poramboke land (Common Pathway), comprised in S.No. 428/25, situated at Mariamman Kovil Nadu Street, Puthur Uthamanoor
Village, Lalgudi Sub Registration District, Trichy District, and to ensure that above said Government Poramboke land is used as a public pathway, based on the order/proceedings Na.Ka.A1/2760-2016, dated 10.01.2017, passed by the Tahsildar, Lalgudi, the 3rd respondent herein, and the proceedings in O.Mu.A3/3573/2019, dated 02.07.2019, passed by the Assistant Director/Personal Assistant (Land Survey), Trichy District, the 2nd respondent herein, within a time frame.
representations were made, the petitioner herein is granted liberty to
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W.P(MD)No.1354 of 2020
give a fresh representation to the concerned respondent, ventilating his grievances, as expeditiously as possible. On receipt of such a representation, the concerned respondent is directed to consider the same, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the private respondent, as well as to any other person, who may be interested in the subject matter, within a period of three (3) months from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondent to consider the same, on its own merits.
of. There shall be no order as to costs.
(M.S.R, J.) (A.D.M.C, J.) 11.12.2024
Index : Yes / No Neutral Citation : Yes / No bala
Page No.4 of 6
W.P(MD)No.1354 of 2020
To
Page No.5 of 6
W.P(MD)No.1354 of 2020
M.S.RAMESH, J. and A.D.MARIA CLETE, J.
bala
ORDER MADE IN W.P(MD)No.1354 of 2020 DATED : 11.12.2024
https://www.mhc.tn.gov.in/judis Page No.6 of 6
1 issue framed by the court
Whether the authorities should be directed to remove the 6th respondent's encroachment on Government Poromboke land used as a public pathway in S.No. 428/25.
1 provisions across 1 enactments
K.SENTHILKUMAR
THE DISTRICT COLLECTOR, TRICHY DISTRICT
THE ASSISTANT DIRECTOR/PERSONAL ASSISTANT (LAND SURVEY), TRICHY DISTRICT
THE TAHSILDAR, LALGUDI
THE REVENUE INSPECTOR, LALGUDI CIRCLE
THE VILLAGE ADMINISTRATIVE OFFICER, PUTHUR UTHAMANOOR VILLAGE
M.S.RAMESH
A.D.MARIA CLETE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
