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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.M.SUBRAMANIAM, A.D.MARIA CLETE, JJ
S.Tharakeswari – Appellant
Versus
District Collector, Office of District Collector, Virudhunagar – Respondent
| Table of Content |
|---|
| 1. writ petition seeking restoration of public pathway (Para 1 , 2) |
| 2. findings from the tahsildar's survey on pathway classification (Para 3 , 4) |
| 3. actions to be taken based on survey findings (Para 5) |
| 4. eviction proceedings mandated by the court (Para 6 , 7) |
Order :
[S.M. SUBRAMANIAM, J.]
The writ on hand has been instituted seeking a direction to the respondents to restore the pathway in Survey No.100, Ward No.17, North Street, Sevalpatti Street, Rajapalayam Taluk, Virudhunagar District, from the encroachment of the fourth respondent and maintain and protect the same for the public use without any hindrance by considering the petitioner's representation dated 13.10.2022 and for other such reliefs, within the period stipulated by this Court.
2. Admittedly, a civil suit has been instituted between the private parties. Pertinently, the revenue authorities were not made as party respondents in the civil suit. Therefore, the Civil Court's decree is not binding on the revenue authorities.
3. The Tahsildar, Rajapalayam, has filed a counter affidavit stating that he had inspected the disputed site on 09.11.2022 and submitted a report as follows:
“Ward F, Block No.3, T.S.No.11 m
The public pathway, classified as Government Poramboke, must be maintained for public use, and the revenue authorities have the duty to act against private encroachments.
Mandamus directs authorities to inquire and remove encroachments from public pathways after notice and due process.
Pending land reclassification application must be decided before directing removal of alleged encroachment.
Court directs survey of alleged encroachment on public pathway and removal if confirmed, after due process within three months.
The court mandated a survey of encroached public land and outlined procedural requirements for addressing encroachments under the Tamil Nadu Urban Local Bodies Act.
Protection of government poramboke land and management of resistance to removal of encroachments by the police.
The court can issue a mandamus to remove illegal encroachment on a public road and await the result of civil proceedings for other survey numbers.
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