MUNIYANDRAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The Petitioner has filed the above Writ Petition praying for issuance of a Writ of Mandamus to direct the Respondent Nos.1 to 3 to evacuate the Fourth Respondent in Encroachment of the general Pathway in Survey No.140 and to ensure the Petitioner to use general Pathway to cultivate Land based on the Petitioner's Representation dated 06.05.2017.

(2.) Heard the Learned Counsel for the Petitioner and the Learned Government Advocate for the Respondents 1 to 3. No counter affidavit is filed on behalf of the Respondent Nos.1 to 3. In respect of the Fourth Respondent, the Court notice was served as early as on 13.12.2018 and when the matter is taken up for hearing today, there is no representation on his side either in person or through a Learned Counsel.

(3.) According to the Petitioner, there is a Pond with general Pathway in Survey No.140 and the said Pathway is used to enter his Land and the other people are also using the said Pathway for numerous purposes, as it belongs to the Government. Near the Petitioner's Land, the Fourth Respondent's Land is situated in Survey No.137/5B and one year before, the Fourth Respondent had occupied the general Pathway and revamped the said Pathway. Later, the Public questioned the act of the Fourth Respondent and he has stopped the proceedings. In the month of March 2017, the Petitioner engaged a Tractor for loading Tubers and to cultivate his Land. When the Tractor was proceeding in the general Pathway, the Fourth Respondent's son Mr.Raji prevented and scolded the Petitioner and further stated that the said Pathway belongs to him and no one can use it.