Madras High Court
S.Marranatan vs The District Collector on 23 August, 2022
Bench: P.N.Prakash, R.Hemalatha
W.P(MD) No.19153 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
and
THE HONOURABLE MRS.JUSTICE R.HEMALATHA
W.P.(MD) No.19153 of 2022
S.Marranatan ... Petitioner
-vs-
1.The District Collector,
Madurai District, Madurai.
2.The District Revenue Officer,
Collectorate, Madurai 625 020.
3.The Revenue Divisional Officer,
Collectorate, Madurai 625 020.
4.The Block Development Officer,
Vadipattti Taluk, Vadipatti,
Madurai District.
5.The Tahsildar,
Vadipatti Taluk,
Vadipatti, Madurai District.
6.The President,
Mullipallam Panchayat,
____________
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W.P(MD) No.19153 of 2022
Mullipallam, Vadipattti Taluk,
Madurai District.
7.R.Thiagarajan ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India,
to issue a writ of mandamus directing the respondents 4 to 6 to take
immediate action for removal of blockage caused by seventh respondent
in the five streets of Rajiv Nagar, Mullipallam Village, Vadipatti Taluk,
Madurai District.
For Petitioner : Mr.S.Vellaichamy
For Respondents : Mr.D.Sadiq Raja,
Addl. Government Pleader
for R1 to R6
ORDER
(Made by P.N.PRAKASH, J.) It is the case of the petitioner that the seventh respondent had purchased about two acres of land comprised in Survey Nos.95/2 and 96/1 in Mullipallam Village, Vadipatti Taluk, Madurai District and thereafter had formed a layout in the year 2002 comprising 60 to 70 plots with common streets running North to South. He sold these plots to various persons.
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2. It is the grievance of the petitioner that very recently the seventh respondent has blocked the southern side by erecting pillars and thereby obstructing the pathway that was given to the Panchayat. Hence, the petitioner gave a representation to the authorities for removal of the encroachment and has thereafter filed the present public interest litigation.
3. Today, Mr.V.Palanivel, President, Mullipatti Village and Mr.M.Manivel, Village Administrative Officer, Mullipatti Village, Vadipatti Taluk, are present before this Court.
4. On instructions, Mr.D.Sadiq Raja, learned Additional Government pleader, submitted that on a complaint given by the petitioner, the Panchayat President, Block Development Officer, Village Administrative Officer and other Revenue officials inspected the said place and found that the seventh respondent had only fenced the property for which, he has a patta.
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5. This is strongly refuted by the learned counsel for the petitioner who submitted that there is a personal animosity between the petitioner and the Village President and therefore, the Village President is acting against the interest of the petitioner and other villagers.
6. However, the learned Additional Government Pleader brought to our attention the 'Schedule' in the sale deed dated 10.11.2011 that has been relied upon by the petitioner himself, wherein, it is stated as follows:-
“tlf;Bf – gpshl; vz;.54A cs;s kidaplk; fpHf;Bf – fpHBky; 16 mo mfyKs;s bjd;tly; bghJeilghij bjw;Bf vd; (R.jpahfuh$d;) iftrKs;s kidaplk; Bkw;Bf – gpshl; vz; 12 cs;s kidaplk; vGjpf;bfhLg;gth; vGjpthA;Fgth;”
7. Thus, prima facie, it appears that the land on the southern side belongs to the seventh respondent and therefore, it cannot be stated that he has encroached into the streets.
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8. Be that as it may, as these are disputed question of facts, the same cannot be gone into a public interest litigation. It is always open to the petitioner and others to file a separate suit under Section 91 of the Code of Civil Procedure for the removal obstruction, if any, in accordance wtih law.
9. In such view of the matter, this writ petition is dismissed as being devoid of merits. No costs.
[P.N.P., J.] [R.H., J.]
23.08.2022
Index : Yes / No
Internet : Yes / No
pkn
To:
1.The District Collector,
Madurai District, Madurai.
2.The District Revenue Officer,
Collectorate, Madurai 625 020.
3.The Revenue Divisional Officer, Collectorate, Madurai 625 020.
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and R.HEMALATHA, J.
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4.The Block Development Officer, Vadipattti Taluk, Vadipatti, Madurai District.
5.The Tahsildar, Vadipatti Taluk, Vadipatti, Madurai District.
6.The President, Mullipallam Panchayat, Mullipallam, Vadipattti Taluk, Madurai District. W.P.(MD) No.19153 of 2022
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