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Sivamani vs The District Collector, Trichy District, & Ors.

Madras High Court · Decided on 13 February 2017 · Citation: (2017) 02 MAD CK 0265

HON’BLE JUDGES
A.Selvam, P.Kalaiyarasan
ACTS & SECTIONS REFERRED
<a href=3998>Constitution of India</a>, <a href=3998-226>Article 226</a> - Power of High Courts to Issue certain writs
RESULT
Allowed
CASE NUMBER
2408 of 2017
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Judgment

5 paragraphs · 206 words
1.

This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 and 2 to remove encroachments alleged to have been made by the third respondent in Survey No.509/27, Kavandanpatti Village, Marungapuri Taluk, Tiruchirappalli District, by way of issuing a writ of mandamus.

2.

Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 1 and 2. Considering the nature of classification made in respect of Survey No.509/27, notice need not be sent to the third respondent.

3.

It is seen from the Adangal relating to Survey No.509/27, it has been clearly shown that the said survey number is nothing, but pathway and the same belongs to the Government.

4.

Considering the fact that Survey No.509/27 belongs to the Government and classified as a pathway, this Court is inclined to pass the following order.

5.

In fine, this writ petition is allowed without costs and the second respondent viz., Tahsildar, Marungapurai Taluk, Tiruchirappalli District is directed to conduct proper survey in respect of Survey No.509/27, Kavandampatti Village, Marungapuri Taluk as per revenue records and if there is any objectionable encroachment, directed to remove the same under due process of law within a period of two months.