Madras High Court
Deepam @ Sudarmozhi vs The Government Of Tamil Nadu on 11 August, 2015
Bench: R.Sudhakar, V.M.Velumani
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.08.2015
Coram
THE HONOURABLE Mr.JUSTICE R.SUDHAKAR
and
THE HONOURABLE Ms.JUSTICE V.M.VELUMANI
Writ Petition (MD) No.2652 of 2011
Deepam @ Sudarmozhi ... Petitioner
vs.
1.The Government of Tamil Nadu,
rep.by its Secretary,
Adi Dravidar Welfare Department,
Fort St.George, Chennai-9.
2.The District Collector,
Madurai District, Collectorate,
Madurai.
3.The District Adi Dravidar Welfare Officer,
Madurai District, Collectorate,
Madurai.
4.Natarajan, S/o.Sonaimuthu
5.Kandasamy, S/o.Sonaimuthu
6.Kannammal, D/o.Late Raj
7.Arumugam, S/o.Pathri Konor
8.Balamurugan, S/o.Pathri Konor
9.Pandi, S/o.Pathri Konor ... Respondents
Writ petition under Article 226 of the Constitution of India, praying
for issuance of a writ of mandamus, directing the rspondents 1 to 3 to remove
the encroachments made in Survey No.77/1A, Tiruppalai Village, Madurai North
Taluk and to use the same for the purpose of construction of community hall.
For Petitioner : Mr.P.Thiagarajan
For Respondents : Mr.M.Alagadevan,
1 to 3 Spl.Govt.Pleader.
For Respondents 4 to 9 : Mr.E.R.Gurubalachandran
:ORDER
(Order of the Court was made by R.SUDHAKAR,J) The petitioner alleges encroachment on Government Lands in Survey No.77/1A, Tiruppalai Village, Madurai North Taluk, Madurai District, by respondents 4 to 9. Seeking a direction to the respondents 1 to 3 to remove the alleged encroachments, the petitioner has come forward with this writ petition, in public interest.
2.In respect of the relief sought for by the petitioner, learned Special Government Pleader appearing for respondents 1 to 3 and the learned counsel appearing for private respondents 4 to 9 submitted that already pattas have been issued to the private respondents 4 to 9 and they are in possession of the land in question, based on the patta issued to them.
3.In view of the above submission, at this point of time, no direction could be issued, as prayed for, except giving liberty to the petitioner to challenge the pattas issued to respondents 4 to 9 before the competent authority. The writ petition is disposed of with the above observation. No order as to costs.
To
1.The Secretary, Government of Tamil Nadu, Adi Dravidar Welfare Department, Fort St.George, Chennai-9.
2.The District Collector, Madurai District, Collectorate, Madurai.
3.The District Adi Dravidar Welfare Officer, Madurai District, Collectorate, Madurai..