S MAHALINGAM Vs. DISTRICT COLLECTOR AND ORS

JUDGEMENT

(1.) The Petitioner seeks a Writ of Mandamus directing the Respondents 1 to 4 to maintain Survey Nos. 91/5 and 91/4 Oduvanpatti, Melapatti Zone, Thiruppathur Taluk, Sivagangai District, without any encroachments and remove the obstructions/temporary gate erected therein by the fifth Respondent.

(2.) The case of the Petitioner is that he owns agricultural lands and the properties in S. Nos. 91/5 and 91/4 are classified as Government Poromboke pathway as per village revenue records. The grievance of the Petitioner is that the fifth Respondent, who is in possession and enjoyment of the property in S. No. 91/2, which lies to the North of the Pathway, has encroached into the pathway by putting up temporary gate 3 and thereby, the Petitioner has been prevented from entering into his property and therefore, the Petitioner seeks for a Mandamus as aforesaid.

(3.) We have heard the learned Counsel for the Petitioner, the learned Counsel appearing for the fifth Respondent and the learned Special Government Pleader appearing for the Respondents 1 to 4.