R. ALAGARSAMY Vs. DISTRICT COLLECTOR, MADURAI DISTRICT, MADURAI

JUDGEMENT

(1.) This Writ Petition is filed for a Mandamus directing the official respondents to remove the encroachment made by the fifth respondent in the pathway situated in S. No. 476/4.

(2.) Heard the learned counsel appearing for the Petitioner and learned Special Government Pleader appearing for the respondents 1, 2 and 4 and the learned Additional Government Pleader appearing for the third respondent and the learned counsel appearing for the fifth respondent.

(3.) The case of the Petitioner is that there is a pathway situated in S. No. 476/4 ad-measuring an extent of 2.6 x 17.0 meters, connecting Survey No. 476/4 and the eastern portion of S. No. 138/5. It is stated that the said pathway is the only access to the residence of the Petitioner. He further stated that the said pathway has been encroached upon by the fifth respondent by constructing a water tank and toilet therein.