Madras High Court
S.Vimal Kumar vs The District Collector on 22 August, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.24001 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2024
CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.P.No.24001 of 2024
S.Vimal Kumar .. Petitioner
Vs
1.The District Collector,
Thiruvannamalai District.
2.The Revenue Divisional Officer,
Thiruvannamalai.
3.The Tahsildar,
Thiruvannamalai.
4.The Superintending Engineer,
Thiruvannamalai.
5.The Divisional Engineer,
Highways Department,
Thiruvannamalai.
6.Karthikeyan
7.Saravanan
8.Shanmugam
9.Selvam
10.Uma
11.Saravanan
12.Raja
13.Mariyalakshmi
__________
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https://www.mhc.tn.gov.in/judis
W.P.No.24001 of 2024
14.Nagappa Chettiar
15.Radhakrishnan
16.Ezhumalai
17.Raja
18.Sarveswaran
19.Rajendhran
20.Raji
21.Saroja .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing the respondents 1 to
5 to remove the encroachment made in the highways land situated at
Vettavalam Road, Thiruvannamalai Town and District by respondents 6
to 21.
For the Petitioner : Mr.R.Sreedhar
For the Respondents : Mr.T.K.Saravanan
Government Advocate
for respondents 1 to 5
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing respondents 1 to 5 to remove the encroachments made by respondents 6 to 21 on the highways land situated at Vettavalam Road, Thiruvannamalai Town and District. __________ Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.24001 of 2024
2. The case of the petitioner is that there is a vacant land belonging to the Highways Department running to an extent of 26 feet in front of the petitioner's house, which has been encroached by respondents 6 to 21 thereby obstructing the way of petitioner's house. Further, the said encroachments lead to traffic inundation and frequent accidents on Thiruvannamalai-Vettavalam Road. The Highways Department with the help of Revenue Department and the Electricity Department removed the encroachment for the purpose of extension of road partially. Alleging that encroachments still exist, the petitioner submitted a representation on 8.2.2024 to respondents 1 to 5. The petitioner received a response from the fifth respondent that encroachment has been removed from T.S.No.243/3, New No.243/22. According to the petitioner, the encroachment has not been fully removed and the respondent authorities have not acted upon the representation of the petitioner in letter and spirit.
3. Heard learned counsel for the parties and perused the documents filed in support of the writ petition. __________ Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.24001 of 2024
4. While the petitioner states that encroachments on the land subsist, the fifth respondent vide communication dated 4.4.2024 has stated that no encroachment subsists. Therefore, there is a dispute with regard to the existence of encroachments on the said land as on date. Therefore, such disputed facts cannot be decided in this writ petition.
5. If, according to the petitioner, encroachments still subsist, he may make a fresh representation to the third respondent, enclosing all relevant documents in proof thereof, and if any such representation is received, the third respondent/Tahsildar is directed to consider the same on merits and in accordance with law and pass appropriate orders, after affording an opportunity to all the interested persons. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.
__________ Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.24001 of 2024 The writ petition is disposed of accordingly. There shall be no order as to costs.
(D.K.K., ACJ.) (P.B.B, J.)
22.08.2024
Index : Yes/No
NC : Yes/No
bbr
To:
1.The District Collector,
Thiruvannamalai District.
2.The Revenue Divisional Officer, Thiruvannamalai.
3.The Tahsildar, Thiruvannamalai.
4.The Superintending Engineer, Thiruvannamalai.
5.The Divisional Engineer, Highways Department, Thiruvannamalai.
__________ Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.24001 of 2024 THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.
bbr W.P.No.24001 of 2024 22.08.2024 __________ Page 6 of 6 https://www.mhc.tn.gov.in/judis