HC directs Namakkal Collector to act on alleged pathway encroachment

The petitioners, Periyasamy and Ramasamy, claiming to be the absolute owners of the agricultural lands in Kurumbalamahadevi village, submitted that to reach their lands, they must go via the pathway which starts from Natham Survey No.77 and runs through a poramboke pathway. It also connects Kalukadaimedu to Thedumal Panchayat Road.

However, as many as 13 persons have encroached upon the said public pathway and prevented their ingress and egress, and others from using their vehicles through it as well.

The counsel appearing for the petitioners submitted that as per revenue records, the lands in the said survey numbers are cited as ‘’pathway’’, and that on the basis of the complaint given by the petitioners, the Revenue Divisional Officer (RDO), Thiruchengode had sent a memo on December 11, 2018 to the tahsildar of Paramathi Vellur taluk to take appropriate action and submit a report.

Thereafter, the tahsildar apprehending law and order problem while surveying the said lands, had also requested the Sub Inspector of Police, Paramathi Vellur Police Station, to give necessary police protection, and after surveying, had put up the boundary stones also which, however, had been illegally removed by the encroachers. However, detailed representation in this regard was sent to the Namakkal District Collector on July 29, 2019 along with copies to both the RDO and the tahsildar. But with no action having come forth, the petitioners were constrained to approach the court, the counsel said.

A division bench comprising Justices M Sathyanarayanan and N Seshasayee, on perusing the materials placed before it, said, “This court, taking into consideration the facts and circumstances and without going into the merits of the claim projected by the petitioners either in their representation or in this writ petition, directs the District Collector to consider the petitioners’ representation after calling for a report from the DRO, tahsildar, and depending upon the report, shall take appropriate action in accordance with law, also by adhering to the principles of natural justice.”

The bench also directed the completion of the exercise within six weeks.