Disposed

Ramar .R v. The District Collector

Madras HC20 Jun 2024WP(MD)/8357/2024

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking direction to remove encroachment on a public pathway and well by private respondents. The High Court directed relevant authorities to issue notices and investigate the matter, completing the exercise within four months without adjudicating merits.

What did the court decide?

Directed authorities to issue notices and complete encroachment removal exercise within four months without examining merits.

Ramar .R Vs The District Collector — Landlord and Tenant | Madras HC (2024)

¶1

W.P(MD)No.8357 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 20.06.2024

¶4

CORAM :

¶5

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

¶6

W.P(MD)No.8357 of 2024

R.Ramar

... Petitioner

vs.

The District Collector, District Collector Office, Sathur Road, Virudhunagar District.

¶11

The District Revenue Officer, District Revenue Office, Sathur Road, Virudhunagar District.

¶12

The Revenue Divisional Officer, Tahsildar Office, Sivakasi.

¶13

The Tahsildar, Rajapalayam, Virudhunagar District.

¶14

The Executive Officer, Sethur, Rajapalayam, Virudhunagar District.

¶15

The Revenue Inspector, Revenue Inspector Office,

¶16

Page No.1 of 6 https://www.mhc.tn.gov.in/judis

¶17

W.P(MD)No.8357 of 2024

¶18

Seithur Village, Seithur, Rajapalayam, Virudhunagar District.

¶19

The Village Administrative Officer, Village Administrative Office, Seithur, Rajapalayam, Virudhunagar District.

¶20

Ramar @ Thavakka

¶21

Karuppaiah ... Respondents

¶22

Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 4^th respondent to implement his proceedings in e.f.m6/6676/2023 dated 17.08.2023 based upon the petitioner's representation dated 31.07.2023 and consequently direct the 4^th respondent to remove the encroachment made by the 8^th and 9^th respondents in common pathway and well situated in S.No.382/6 at Illaththar Kinatru Pathai Street, Seithur Town Panchayat, Rajapalayam Taluk, Virudhunagar District.

¶23

For Petitioner : Mr.R.Senthil Kumar

¶24

For R1 to R4, R6 & R7 : Mr.N.Satheesh Kumar Additional Government Pleader For R5 : Mr.S.Shaji Bino Special Government Pleader

¶25

Page No.2 of 6 https://www.mhc.tn.gov.in/judis

¶26

W.P(MD)No.8357 of 2024

¶27

For R8 & R9

¶28

: No appearance ORDER

¶29

R.MAHADEVAN, A.C.J. AND G.R.SWAMINATHAN, J.

¶30

Heard the learned counsel for the petitioner, learned Additional Government Pleader for the respondents 1 to 4, 6 and 7 and the learned Special Government Pleader for the 5^th respondent.

¶31

The petitioner alleges that the private respondents have committed encroachment of the petition mentioned pathway and public well. As regards the pathway, it is the 5^th respondent who is competent to take action. As regards the well, the 4^th respondent has to take action. The petitioner has already given representations before the 4^th respondent as well as the 5^th respondent. They are directed to issue notices to the private respondents herein and other interested persons, if any. If the authorities concerned come to the conclusion that the allegation made by the petitioner is well founded, then, the encroachment shall be removed. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order. We make it clear we have not gone into the merits of the matter. All the defences and contentions of the private

¶32

Page No.3 of 6 https://www.mhc.tn.gov.in/judis

¶33

W.P(MD)No.8357 of 2024

¶34

respondents are kept open.

¶35

The Writ Petition is disposed of accordingly. No costs.

¶36

[R.M.D., A.C.J.] & [G.R.S., J.] 20.06.2024 Index : Yes / No Neutral Citation : Yes / No bala To

¶37

The District Collector, District Collector Office, Sathur Road, Virudhunagar District.

¶38

The District Revenue Officer, District Revenue Office, Sathur Road, Virudhunagar District.

¶39

The Revenue Divisional Officer, Tahsildar Office, Sivakasi.

¶40

The Tahsildar, Rajapalayam, Virudhunagar District.

¶41

The Executive Officer,, Sethur, Rajapalayam, Virudhunagar District.

¶42

The Revenue Inspector, Revenue Inspector Office, Seithur Village, Seithur, Rajapalayam,

¶43

Page No.4 of 6 https://www.mhc.tn.gov.in/judis

¶44

W.P(MD)No.8357 of 2024

¶45

Virudhunagar District.

¶46

The Village Administrative Officer, Village Administrative Office, Seithur, Rajapalayam, Virudhunagar District.

¶47

Page No.5 of 6 https://www.mhc.tn.gov.in/judis

¶48

W.P(MD)No.8357 of 2024

¶49

R.MAHADEVAN, A.C.J. AND G.R.SWAMINATHAN, J.

¶50

bala

¶51

W.P(MD)No.8357 of 2024

¶52

20.06.2024

¶53

Page No.6 of 6 https://www.mhc.tn.gov.in/judis

Ramar .R v. The District Collector

Case brief

What is this about?

What did the court decide?

Ramar .R 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

Parties & counsel

Coram

Case details

Similar cases

Joseph Benin. T Vs The District Collector

S.Balakrishnan Vs G.Lakshmipathy IAS

S.Krishnan, Vs the Secretary to Govt.

M/s. Arulmighu Thiru Neelakanda Nayanar Mayandi Swamigal Trust Vs The District Collector / Chairman

Mounasamy Vs The District Collector

P.Baluchamy Vs Sundar Lal