1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2011 CORAM: THE HONOURABLE MS.JUSTICE K.SUGUNA AND THE HONOURABLE MR.JUSTICE A.ARUMUGHASWAMY W.P.(MD).No.4397 of 2011 K.Ramsingh Gounder : Petitioner Vs. 1.The District Collector, Theni District, Theni. 2.The Assistant Director of Panchayat, Collectorate Building, Theni. 3.The District Revenue Officer, Theni District. 4.The Executive Officer, Town Panchayat, Odaipatti, Theni District. 5.Kalaikadan : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to evict the encroachments made in Survey No.734/1, Odaipatti Village, Uthamapalayam Taluk, Theni District by the fifth respondent within a time limit that my be fixed by this Court. For Petitioner : Mr.P.Kalyana Ramachandran For Respondents1 to 4 : Mr.K.Mahendran Special Government Pleader For Respondent 4 & 5 : Mr.So.Paramasivam O R D E R [Order of the Court was made BY A.ARUMUGHASWAMY, J] The petitioner has come up with the present Writ Petition seeking a Writ of Mandamus directing respondents 1 to 4 to evict the encroachments made in Survey No.734/1, Odaipatti Village, Uthamapalayam Taluk, Theni District by the fifth respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The contention of the learned counsel appearing for the petitioner is that the land in Survey No.734/1, Odaipatti Village, Uthamapalayam Taluk, Theni District, is a common public pathway. However, the fifth respondent herein has encroached the said pathway. In this regard, the petitioner has also submitted a representation dated 04.02.2011 to respondents 1 to 4. But, till date, no action is taken by them. Therefore, he has come forward with the present Writ Petition for the relief stated earlier. 3. The Executive Officer, Town Panchayat, the fourth respondent herein, has filed a counter affidavit stating that Survey No.734/1 is being used as a Common Pathway and there is no encroachment in the said pathway as alleged by the petitioner. However, the Executive Officer, the fourth respondent, by his proceedings dated 07.02.2011, has informed that in spite of specific instructions issued by him directing the petitioner to appear before him, he did not appear and further informed that the documents relating to the land in question are available with the Revenue Department and it is also informed that after making survey and after confirming the possession of the land and common pathway, if the petitioner approaches the office of the Town Panchayat concerned and if there is any encroachment, the same will be removed after following the procedure contemplated under the relevant Rules. 4. We have considered the above submissions made by the respective learned counsel and perused the records carefully. 5. From the proceedings of the fourth respondent dated 07.02.2011, it is crystal clear that the fourth respondent has directed the petitioner to appear before him. In spite of such a direction from the fourth respondent, there is no response from the petitioner. In the typed set of papers filed by the petitioner also, he has not produced any document to show that the land in question is a common pathway. 6. In view of the above, this Writ Petition is disposed of by directing the petitioner to approach the fourth respondent with all relevant documents and the fourth respondent is also directed to consider the same and pass appropriate orders on merits and in accordance with law and after providing a reasonable opportunity to the fifth respondent. No costs. Sd/- Deputy Registrar(Accts.) /True Copy/ Assistant Registrar To 1.The District Collector, Theni District, Theni. https://hcservices.ecourts.gov.in/hcservices/ 3 2.The Assistant Director of Panchayat, Collectorate Building, Theni. 3.The District Revenue Officer, Theni District. 4.The Executive Officer, Town Panchayat, Odaipatti, Theni District. +1cc to Mr.P.Kalyana Ramachandran, Advocate, Sr.No.19413 +1cc to the Special Govt.Pleader, Sr.No. 19664 nb ssk/13.07.2011 /7c -3p/- ORDER MADE IN W.P.(MD).No.4397 of 2011 21.06.2011 https://hcservices.ecourts.gov.in/hcservices/