C. NESAMANI Vs. DISTRICT COLLECTOR, KANAYKAUMARI DISTRICT

JUDGEMENT

(1.) THE Petitioner has filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the Respondents 1 to 3 to remove the encroachment in the pathway in S.No.279/5, Thiruvithancode Village, Kalkulam Taluk, Kanyakumari District.

(2.) PETITIONER is a resident in Ward No.7, Mulagumood Town Panchayat. According to the Petitioner, his access to the Highway is through S.No.279/5, Thiruvithancode Village, Kalkulam Taluk. Further case of the Petitioner is that the said Survey No.279/5 is a poramboke land and the width of the pathway therein is 17 feet and its length is 60 feet. According to the Petitioner, Mulagumood Town Panchayat has provided a six feet concrete pathway through S.No.279/5 to reach his house from the Highway. The Petitioner alleges that Respondents 4 an 5 have encroached both sides of the said six feet concrete pathway in S.No.279/5 and that he is not in a position to take his vehicle to his house from the Highway because of the encroachment and therefore he seeks for appropriate direction.

(3.) BY a perusal of the typed-set of papers, it is seen that Mulagumood Town Panchayat has passed a Resolution on 24.06.2011 for measuring Survey No.279/5/6/21. In this regard, the Executive Officer of Mulagumood Town Panchayat had also addressed to the 3rd Respondent requesting for surveying the above said Survey Number in letter Na.Ka.No.81/2011, dated 04.07.2011. The said request of the Executive Officer of the Mulagumood Town Panchayat to the 3rd Respondent reads as under: