Advocates:
['M/S DAVID GANESAN J', '', 'BALAMURUGAN P', '', 'M/S RAMESHARUMUGAM N', '', 'PROOF OF SERVICE FILED']

W.P.(MD) No.18342 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 17.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN

and

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

W.P.(MD) No.18342 of 2021

T.Marlin V.Rayan

... Petitioner

Vs.

1.The Assistant Director,

District Collectorate Office,

Thoothukudi – 628 101,

Thoothukudi District.

2.The Block Development Officer,

(Vilalge Panchayats)

Block Development Office,

Thiruchendur – 628 215,

Thoothukudi District.

3.The Veerapandianpattinam Panchayat President,

Veerapandianpattinam Village Panchayath,

Veerapandianpattinam – 628 216,

Thoothukudi District.

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W.P.(MD) No.18342 of 2021

4.The Veerapandianpattinam Panchayath Secretary,

Veerapandianpattinam Village Panchayath,

Veerapandianpattinam – 628 216,

Thoothukudi District.

5.Emerson A Kattar

6.Dayol Fernando

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a

Writ of Mandamus, directing the Respondents 1 to 4 to consider the petitioner's

representation dated 28.06.2021 and to take appropriate action as against the 5^th

and 6^th respondents and to remove away the illegal encroachment made by them

on the Public Common Pathway situated in Survey Nos.115, 117, 118, 119 and

121 at Veerapandianpattinam, Thiruchendur Taluk, Thoothukudi District and

restore the Public Common pathway.

For Petitioner

:

Mr.J.David Ganesan

For Respondents

:

Mr.S.P.Maharajan,

Spl.

Govt. Pleader for R1 to R4

Mr.N.Ramesharumugam for R5 & R6

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W.P.(MD) No.18342 of 2021

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.]

This Writ Petition has been filed for issuance of a Writ of Mandamus,

directing the respondents 1 to 4 to consider the petitioner's representation dated

28.06.2021 and to take appropriate action for removal of the encroachments

made by the respondents 5 and 6 in the public pathway situated in Survey Nos.

115, 117, 118, 119 and 121 at Veerapandianpattinam, Thiruchendur Taluk,

Thoothukudi District and restore the said public pathway.

2. Today, when the matter was taken up for hearing, the learned Special

Government Pleader appearing for the respondents 1 to 4 has produced a

communication of the Tahsildar, Thiruchendur, in Na.Ka.M3/3823/2022 dated

14.07.2022, and submitted that there are no encroachments, as pointed out by the

petitioner, in the place in question and the disputed survey numbers are not

public pathway as alleged by the petitioner, whereas, they are private patta lands

stand in the names of the individuals. The relevant portion of the aforesaid

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W.P.(MD) No.18342 of 2021

proceedings of the Tahsidar, dated 14.07.2022, reads as follows:

“Nkw;gb gl;lh epyq;fspy; nghJg;ghij ,y;iy.

vdNt, nghJg;ghij Mf;fpukpg;G vd;w Nfs;tp votpy;iy

vd;w

tpguj;jpid

gzpTld;

njhptpj;Jf;nfhs;fpNwd;.

vdNt ,t;tof;fpy;, muR jug;gpy; M[uhfp Nkw;gb

tof;fpid

js;Sgb

nra;a

chpa

eltbf;if

Nkw;nfhs;SkhWk; md;Gld; Nfl;Lf;nfhs;fpNwd;.”

3. The aforesaid submission of the learned Special Government Pleader as

well as the proceedings of the Tahsildar, in Na.Ka.M3/3823/2022 dated

14.07.2022, are not refuted by the learned counsel for the petitioner.

4. Thus, recording the same, this Writ Petition is closed. No costs.

[R.M.D., J.] [J.S.N.P., J.]

vsm

17.11.2022

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W.P.(MD) No.18342 of 2021

To

1.The Assistant Director,

District Collectorate Office,

Thoothukudi – 628 101,

Thoothukudi District.

2.The Block Development Officer,

(Vilalge Panchayats)

Block Development Office,

Thiruchendur – 628 215,

Thoothukudi District.

3.The Veerapandianpattinam Panchayat President,

Veerapandianpattinam Village Panchayath,

Veerapandi