G. RAMAN Vs. DISTRICT COLLECTOR, KALLAKURICHI

JUDGEMENT

(1.) The writ petition has been filed to seek a direction on the respondents to remove the encroachments from the government road poramboke land in Survey Nos. 85/5, 85/6B, 81/1, 81/2, 81/3, 80/7B, 90/1B, 63 and 65/4. The writ petition has been filed after impleading the District Collector, Revenue Divisional Officer and the Revenue Tahsildar as party respondents.

(2.) On instructions, learned Government Pleader appearing for the respondents submitted that the road in question is under Panchayat which has not been impleaded as party respondent. The photographs enclosed at page no. 53 of the typed-set filed along with the writ petition do not show the encroachment on the road and otherwise, the encroachers have also not been impleaded as parties respondents. Thus, the writ petition suffers from the non-joinder of necessary parties and otherwise, the area in question is falling under Panchayat. It is also that FMB sketch has not been filed along with the writ petition by the petitioner to indicate the encroachments on the survey numbers given in the prayer clause. Thus, the writ petition has been filed for the sake of publicity without making proper research and impleading necessary parties.

(3.) We have considered the submissions of the learned Government Pleader appearing for the respondents and perused the records.