Madras High Court
P.Chinnaiyan Alias Venkatesan vs The District Collector on 11 September, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.Nos.26425 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2024
CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.P.No.26425 of 2024
P.Chinnaiyan alias Venkatesan .. Petitioner
Vs
1.The District Collector,
Ranipet District,
At Ranipet.
2.The Commissioner,
Sholinghur Municipality,
Sholinghur,
Ranipet District.
3.The Tahsildar,
Sholinghur,
Ranipet District.
4.Ashokan
5.Tamilselvi .. Respondents
Prayer : Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing the respondents to
consider the petitioner's representation dated 24.6.2024 and thereby
direct respondents 1 to 3 to remove the encroachment and illegal
construction put up on the public road by respondents 4 and 5 in
Survey No.645/2A, which classified as 150 Feet Road, Kondapalayam
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W.P.Nos.26425 of 2024
Village, near Thakkan Kulam, Sholinghur, Ranipet District and to
maintain the same as public road.
For the Petitioner : Mr.B.Sundarapandiyan
For Respondents : Mr.T.K.Saravanan
Government Advocate
for respondents 1 to 3
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Alleging that respondents 4 and 5 have encroached on the public road comprised in Survey No.645/2A, which is classified as 150 Feet Road, situated in Kondapalayam Village, near Thakkan Kulam, Sholinghur, Ranipet District, and put up illegal construction therein, the petitioner sent representation on 24.6.2024. As the said representation did not evoke any response, the present writ petition is filed.
2. Learned counsel for the petitioner submits that respondents 4 and 5 have put up construction, without obtaining any planning permission from the authorities concerned. To fortify the said ___________ Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.Nos.26425 of 2024 submission, reliance is placed on a communication received on 26.6.2024 under the Right to Information Act. It is further submitted that the fifth respondent, being the Chairman of Sholinghur Municipality, the authorities are shirking their responsibility and not taking any steps to remove the encroachment.
3. Learned Government Advocate appearing on behalf of respondents 1 to 3 submitted that a survey of the writ subject land would be conducted and thereafter necessary action would be taken in accordance with law, if any encroachment exists.
4. In the light of the submissions made, we dispose of the writ petition with a direction to respondents 2 and 3 to conduct a survey of the writ subject lands with the assistance of a Surveyor, based on revenue records, with prior notice to respondents 4 and 5, and thereafter pass appropriate orders on merits and in accordance with law. In case any encroachment is noticed, the second respondent shall issue notice under Section 128(1)(b) of the Tamil Nadu Urban ___________ Page 3 of 5 https://www.mhc.tn.gov.in/judis W.P.Nos.26425 of 2024 Local Bodies Act, 1998 and thereafter proceed in accordance with law. The entire exercise shall be concluded within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
(D.K.K., ACJ.) (P.B.B, J.)
11.09.2024
Index : Yes/No
NC : Yes/No
sasi
To:
1.The District Collector,
Ranipet District,
At Ranipet.
2.The Commissioner,
Sholinghur Municipality,
Sholinghur,
Ranipet District.
3.The Tahsildar,
Sholinghur,
Ranipet District.
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https://www.mhc.tn.gov.in/judis W.P.Nos.26425 of 2024 THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.
(sasi) W.P.No.26425 of 2024 11.09.2024 ___________ Page 5 of 5 https://www.mhc.tn.gov.in/judis