Case Note & Summary
The petitioner, M.Ramadurai, filed a writ petition before the Madras High Court seeking a direction to the 1st respondent, the District Collector of Perambalur, to consider and decide his representation dated 10.08.2020 regarding alleged encroachment by the 5th respondent, Mr.Ashokan, and the 6th respondent, Murugesan, on lands in S.F.Nos.416 and 418/49. The petitioner contended that despite his representation, no steps were taken to remove the encroachment. The respondents included the District Collector, Revenue Divisional Officer, Tahsildar, Block Development Officer, and the alleged encroachers. The Additional Government Pleader appearing for respondents 1 to 4 drew the court's attention to the counter statement filed by the Tahsildar, which stated that as per revenue records, S.F.Nos.416 and 418/49 are classified as Street and there is no encroachment made by anyone as contended by the petitioner. In view of this statement, the court dismissed the writ petition with no order as to costs. The judgment was delivered by a division bench comprising Justice S.M. Subramaniam and Justice C. Kumarappan, with the order authored by Justice C. Kumarappan.
Headnote
A) Writ Law - Encroachment - Revenue Records - The petitioner sought direction to consider representation alleging encroachment on S.F.Nos.416 and 418/49 - The Tahsildar's counter stated that as per revenue records, the lands are classified as Street and there is no encroachment - Held that in view of the revenue records, the writ petition is dismissed (Paras 2-4).
Issue of Consideration
Whether the petitioner's representation regarding encroachment on S.F.Nos.416 and 418/49 should be directed to be considered by the District Collector.
Final Decision
Writ petition dismissed. No costs.
Law Points
- Writ petition dismissed based on revenue records
- no encroachment found
- representation considered
