R.P. RAMIAH Vs. DISTRICT COLLECTOR, TIRUNELVELI DISTRICT

JUDGEMENT

(1.) THE Petitioner, who is a resident of Indra Nagar, has come forward with this Writ Petition seeking for a Writ of Mandamus, directing the first Respondent to remove the encroachments in the public property in 75 Cents in Survey No.866/4, Indra Nagar, Kamaraj Nagar, Muthur Panchayat, Palayamkottai Taluk, Tirunelveli District.

(2.) THE case of the Petitioner is that Survey No.866/4, Indra Nagar, Kamaraj Nagar is a public property provided for public and there is a public water supply tank for the supply of drinking water. Further grievance of the Petitioner is that Survey No.866/4 � 75 Cents is allegedly encroached by the encroachers and it affects the public.

(3.) THE learned Special Government Pleader has produced the revenue documents � 'A' Register, Plan and also Adangal of Muthur Village. By perusal of the revenue records, it is seen that 'Survey Nos.866/1 and 866/2' have been sub-divided as 'Survey Nos.866/3 and 866/4'. The learned Special Government Pleader has also produced the Proceedings of the Tahsildar, Palayamkottai in Na.Ka.No.M6/9597/03, dated 27.07.2005, under which, house site patta was granted to as many as 76 persons in Survey No.866/4. The revenue documents produced by the learned Special Government Pleader would clearly show that Survey No.866/4 has been classified as 'Natham', which is an 'unobjectionable Poramboke'. Furthermore, though the Petitioner named three persons in his representation dated 20.04.2011, he has not chosen to array them as party-Respondents in this Writ Petition.