R KOMATHI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) By consent, the Writ Petition itself is taken up for final disposal.

(2.) Mr.S.Dhayalan, learned Government Advocate, accepts notice on behalf of the respondents.

(3.) It is the claim of the petitioner that she had purchased 1750 square feet of land along with superstructures in Survey No.388/1, Pattinamkathan Village, through a registered sale deed, dated 29.10.2003 and also purchased 2177.12 square feet of land in the very same survey number through another sale deed, dated 29.01.2009 and claims to be in possession and enjoyment of the superstructure along with the sale deeds. The petitioner would further aver that on an earlier occasion, she had filed a Writ Petition in W.P(MD)No.19064 of 2016 praying for issuance of a Writ of Mandamus, directing the respondents therein to take appropriate action on her representation, dated 26.08.2016 and to cancel the gift deed bearing Document No.1265 of 2015, dated 102015 and the same is pending. One Rajeswari had also filed W.P(MD)No.15349 of 2016 against the respondents 1 to 3 herein praying for appropriate direction, directing the third respondent to remove the encroachments made in the road situated in Survey No.338/13A, Pattinamkathan Village, Ramanathapuram District in the light of the proceedings in O.Mu.(A8)/2410/2016, dated 006.2016 and the same was disposed of on 08.08.2017 by directing the third respondent to enquire into the matter by issuing notice to the interested parties by following due process of law within the stipulated time. Similarly, one K.M.Kamatchi had also filed W.P(MD)No.1712 of 2017 praying for the similar relief as that of the prayer in W.P(MD)No.15349 of 2016, wherein an Advocate Commissioner was also appointed and he has also submitted his report, dated 04.06.2017 stating among other things that there is an encroachment such as grill gate and shed made by the private respondents 4 and 5 therein in Survey No.388/13A, which is classified as a pathway, as per the revenue records and measurements made with the help of the Taluk Surveyor.