IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL

AND

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

W.P.No.13247 of 2017

Muniyandran

... Petitioner

Vs.

1. The District Collector,

Tiruvallur District,

Tiruvallur.

2. The Tahsildar,

Thiruthani Taluk Office,

Thiruvallur District.

3. The Inspector of Police,

Thiruvalangadu Police Station,

Thiruvallur District.

4. Mr.Narayanasamy

... Respondents

Writ Petition filed under Article 226 of the Constitution of

India, praying for issuance of a Writ of Mandamus to direct the

respondents 1 to 3 to evacuate the fourth respondent in

encroachment of the general path in Survey No.140 and to ensure

the petitioner to use general path to cultivate land based on

the petitioner's representation dated 06.05.2017.

For Petitioner : M/s.D.Ashok Kumar

For Respondents : Mr.S.N.Parthasarathy,

Govt. Advocate for RR-1 to 3

No appearance for R-4

ORDER

(The Order of the Court was made by M.Venugopal, J)

The Petitioner has filed the above Writ Petition praying for

issuance of a Writ of Mandamus to direct the Respondent Nos.1 to

3 to evacuate the Fourth Respondent in Encroachment of the

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

general Pathway in Survey No.140 and to ensure the Petitioner to

use general Pathway to cultivate Land based on the Petitioner's

Representation dated 06.05.2017.

2. Heard the Learned Counsel for the Petitioner and the

Learned Government Advocate for the Respondents 1 to 3. No

counter affidavit is filed on behalf of the Respondent Nos.1 to

3. In respect of the Fourth Respondent, the Court notice was

served as early as on 13.12.2018 and when the matter is taken up

for hearing today, there is no representation on his side either

in person or through a Learned Counsel.

3. According to the Petitioner, there is a Pond with general

Pathway in Survey No.140 and the said Pathway is used to enter

his Land and the other people are also using the said Pathway

for numerous purposes, as it belongs to the Government. Near the

Petitioner's Land, the Fourth Respondent's Land is situated in

Survey No.137/5B and one year before, the Fourth Respondent had

occupied the general Pathway and revamped the said Pathway.

Later, the Public questioned the act of the Fourth Respondent

and he has stopped the proceedings. In the month of March 2017,

the Petitioner engaged a Tractor for loading Tubers and to

cultivate his Land. When the Tractor was proceeding in the

general Pathway, the Fourth Respondent's son Mr.Raji prevented

and scolded the Petitioner and further stated that the said

Pathway belongs to him and no one can use it.

4. The Petitioner gave a Petition on 13.03.2017 to the First

Respondent in person and the same was forwarded to the Second

Respondent and on 17.04.2017, the Petitioner gave an application

to the Second Respondent/Tahsildar, Thiruthani Taluk, Tiruvallur

District, to survey his Land. On the basis of the request of

the Petitioner, the Surveyor of Thiruvalangadu surveyed the Land

of the Petitioner and the general pathway in front of the Fourth

Respondent, elders of the Village and also the Village

Administrative Officer (VAO). To the Petitioner's shock and

surprise, Mr.Raji, son of the Fourth Respondent, rudely stated

that even though the Pathway belongs to the Government, no one

can enter upon it and if anyone enters with Vehicle, he would

bruise the Vehicle. Further, Mr.Jayakumar, another son of the

Fourth Respondent, mentioned that whatever may be the situation,

he will face it in Court. These incidents took place in front of

the Revenue Officials.

5. It is the further case of the Petitioner that he will

have to tilth his Land for the purpose of Cultivation and by

the act of the Fourth Respondent in preventing the Petitioner,

the Petitioner is not able to Cultivate his Land and he coul