V RAMANATHAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Writ Petition in W.P.No.8355 of 2017 has been filed by the Petitioner, V.Ramanathan (deceased, now represented by Petitioners 1 to 6), praying for issuance of a Writ of Mandamus, to direct the Respondents 1 to 5 to consider the representation of the Petitioner dated 16.2.2017 and directed them to remove all encroachments made in Road poramboke land, comprised in Survey No.457, situated at Chekku Mettu Street, Nattuthakka, Muniappar Koil junction as per Notice, dated 26.11.2016 issued by the 3rd Respondent in Na.Ka.No.A1/4370/2015.

(2.) According to the Petitioner, he is the absolute owner of the property situated in Kallakurichi village and taluk, Villupuram District comprised in old survey No.296/IA1C, measuring to an extent of 4.5 cents by way of sale deed, registered at the office of the Sub-Registrar, Kallakurichi vide document No.243/1967. In the said property, the Petitioner has constructed a small shop on the road side in road poramoboke land in Survey No.457 for about 120 sq. ft. only. While so, the 4th Respondent had issued notice, dated 21.09.2012 for eviction of the Petitioner from the property in respect of road poromboke land in S.No.457. The Petitioner had put up construction in and about 120 sq. ft. only in the said Survey Nos.457 as a small shop on backside of the Petitioner's house property. The 3rd Respondent and the 4th Respondents came to the place of the Petitioner and stopped the construction by saying that the place wherein the Petitioner had put up construction, is a Government poromoboke and immediately, on their instructions, he stopped the construction. However, later the Petitioner was informed that the property in Survey No.457 belongs to Kallakurichi Municipality.

(3.) The grievance of the Petitioner is that the Respondents did not stop the construction work of the 6th Respondent made in S. No.457. The 6th Respondent has built up 3 storeyed building and he has encroached nearly 2000 sq. ft. of Government road poromboke land, which is situated next to the Petitioner's property.