Madras High Court
Dr.J.Bakiyalakshmi vs Saravana Kumar on 18 December, 2024
Bench: R.Subramanian, D.Bharatha Chakravarthy
Cont.P.No.1888 of 2024 & W.P.No.8433 of 2023
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Cont.P.No.1888 of 2024,
W.P.No.8433 of 2023
and
W.M.P.Nos.8622, 20029 of 2023 & 11750 of 2024
Cont.P.No.1888 of 2024:
Dr.J.Bakiyalakshmi ...Petitioner
Vs.
1.Saravana Kumar
The District Collector,
Kallakurichi,
Kallakurichi District.
2.Pandian,
The Tahsildar,
Sankarapuram,
Kallakurichi District – 606 401.
3.Sampath Kumar,
The Executive Officer,
Sankarapuram Town Panchayat,
Sankarapuram,
Kallakurichi District – 606 401. ...Respondents
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Cont.P.No.1888 of 2024 & W.P.No.8433 of 2023
Prayer in Cont.P.No.1888 of 2024: Contempt Petition filed under Section
11 of the Contempt of Courts Act, seeking to punish the respondents for
committing gross contempt of this Court by deliberating, woantonly and
intentionally disobeying the order of this Court made in W.P.No.8433 of
2023 dated 17.03.2023.
For Petitioner : Mr.V.Ragavachari, Senior Counsel
For Mr.S.Ayyathurai
For Respondents : Mr.P.Muthukumar,
Additional Advocate General
Assisted by Mr.S.John Raja Singh,
Additional Government Pleader
*******
W.P.No.8433 of 2023:
Dr.J.Bakiyalakshmi ...Petitioner
Vs.
1.The District Collector,
Kallakurichi,
Kallakurichi District.
2.The Divisional Engineer,
Highways (O&M)
Kachirapalayam Main Road,
Kallakurichi,
Kallakurichi District.
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Cont.P.No.1888 of 2024 & W.P.No.8433 of 2023
3.The Tahsildar,
Sankarapuram,
Kallakurichi District – 606 401.
4.The Executive Officer,
Sankarapuram Town Panchayat,
Sankarapuram,
Kallakurichi District – 606 401.
5.The Revenue Inspector,
Taluk Office,
Sankarapuram,
Kallakurichi District – 606 401. ... Respondents
Prayer in W.P.No.8433 of 2023: Writ Petition filed under Article 226 of the
Constitution of India, praying to issue a Writ of Mandamus, directing the
respondents to remove the encroachments being made by the 4th respondent
and others in the area in S.No.52/1, between the Kallakurichi –
Thiruvannamalai Main Road and the Kalathupathai Street in Sankarapuram,
Kallakurichi District and maintain the area as per the revenue records.
For Petitioner : Mr.V.Ragavachari, Senior Counsel
For Mr.S.Ayyathurai
For Respondents : Mr.P.Muthukumar,
Additional Advocate General
Assisted by Mr.T.K.Saravanan
******
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Cont.P.No.1888 of 2024 & W.P.No.8433 of 2023
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.) It is now stated that the administrative sanction granted for construction of Fair Price Shop in the road has been cancelled by the District Collector. Paragraph Nos.4 and 5 of the affidavit of the District Collector, Kallakurichi reads as follows:-
“4. In the above circumstances, the petitioner had filed the above writ petition complaining of encroachment and this Honourable Court was pleased to issue an order of “stop construction work”. I further state that when the contempt petition came up for hearing, this Hon'ble Court was pleased to observe that roads cannot be reclassified and directed for the removal of the construction already made. The Administrative Sanction for the construction of Fair Price Shop in S.No.52/1 has been cancelled by R.O.C.No.B5/1551/2022 dated 03.12.2024 and the pillar that was already erected has been removed. Now there are no Structure on the site.
5. I state that the land measuring 0.97.5 ares in S.No.52/1 is classified as Panchayat Union Road as per the A register and it will be maintained as 'Road' and will not be encroached or used for any other purpose.” 4/6 https://www.mhc.tn.gov.in/judis Cont.P.No.1888 of 2024 & W.P.No.8433 of 2023
2. In view of the above, the Contempt Petition and the Writ Petition are closed. It is made clear that the road shall be maintained as road free of any encroachments in future.
(R.S.M., J.) (D.B.C., J.)
18.12.2024
dsa
Index : No
Neutral Citation : No
Speaking order
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https://www.mhc.tn.gov.in/judis Cont.P.No.1888 of 2024 & W.P.No.8433 of 2023 R.SUBRAMANIAN, J.
and D.BHARATHA CHAKRAVARTHY, J.
dsa Cont.P.No.1888 of 2024 & W.P.No.8433 of 2023 18.12.2024 6/6 https://www.mhc.tn.gov.in/judis