Madras High Court
Shanmugachamy vs The District Collector on 15 November, 2022
Author: R.Mahadevan
Bench: R.Mahadevan, J.Sathya Narayana Prasad
W.P.(MD) No.21782 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD) No.21782 of 2021
Shanmugachamy ... Petitioner
Vs.
1.The District Collector,
Thenkasi Collector Office,
Thenkasi District.
2.The Revenue Divisional Officer,
R.D.O. Office,
Sankarankovil,
Thenkasi District.
3.The Tahsildar,
Sankarankovil Taluk,
Thenkasi District.
4.The Block Development Officer,
Block Development Office,
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W.P.(MD) No.21782 of 2021
Sankarankovil,
Thenkasi District.
5.Sundarrajan ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, directing the Respondents No.1 to 4 to conduct proper
Survey and based on that remove the encroachment made by the 5th respondent
and other private persons in public Road in Natham Survey Nos.699 and 695 in
Panthapuli village, Sankarankovil Taluk, Thenkasi District with officials
proceeding of the 2nd Respondent to the 3rd respondent vide
Na.Ka.A4/4164/2021, dated 14.09.2021 and O.Mu.A4/4536/2021, dated
20.10.2021 based on the petitioner's representation on 09.09.2021 and
30.09.2021 within a stipulated time.
For Petitioner : Mr.R.Senthilkumar
For Respondents : Mr.G.V.Vairam Santhosh,
Additional Govt. Pleader for R1 to R4
No Appearance for R5
ORDER
[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the Respondents Nos.1 to 4, to conduct proper Survey and remove the ____________ Page 2 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21782 of 2021 encroachment made by the 5th respondent and other private persons in the public Road in Natham Survey Nos.699 and 695 in Panthapuli village, Sankarankovil Taluk, Thenkasi District, in the light of the proceedings of the 2nd Respondent vide Na.Ka.A4/4164/2021, dated 14.09.2021 and O.Mu.A4/4536/2021, dated 20.10.2021, to the 3rd respondent based on the petitioner's representations on 09.09.2021 and 30.09.2021 within a stipulated time.
2. It is the claim of the petitioner that the fifth respondent has encroached the Public Road in the aforesaid survey number and in this regard, the petitioner made a representation on 09.09.2021 to the respondents 1 to 4, seeking removal of the aforesaid encroachment. Based on the said representation, the 2nd respondent vide his proceedings in Na.Ka.A4/4164/2021, dated 14.09.2021, directed the third respondent to conduct a proper enquiry and file a report. Despite the same, the third respondent has not conducted any enquiry. Hence, the petitioner made another representation on 30.09.2021 to the respondents 1 to 4, seeking removal of the aforesaid encroachment. Thereafter, the second respondent vide his proceedings in O.Mu.A4/4536/2021, dated 20.10.2021, ____________ Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21782 of 2021 directed the third respondent to conduct a proper enquiry and file a report. However, till date, the third respondent has not taken any steps to conduct an enquiry for removal of the encroachment. Hence, the petitioner has filed this Writ Petition.
3. The learned Additional Government Pleader appearing for the respondents 1 to 4 submitted that the representations of the petitioner dated 09.09.2021 and 30.09.2021 would be considered by the respondents and appropriate action will be taken to remove the encroachment, if any, by due process of law within a time frame, for which, the learned counsel for the petitioner is agreeable.
4. Recording the above submission, this Writ Petition is disposed of with a direction to the authorities concerned to consider and dispose of the representations of the petitioner dated 09.09.2021 and 30.09.2021, on merits and in accordance with law. If there is any encroachment in the place in question, the authorities concerned shall remove the same, after affording sufficient ____________ Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.21782 of 2021 opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs.
[R.M.D., J.] [J.S.N.P., J.]
vsm 15.11.2022
To
1.The District Collector,
Thenkasi Collector Office,
Thenkasi District.
2.The Revenue Divisional Officer,
R.D.O. Office, Sankarankovil,
Thenkasi District.
3.The Tahsildar,
Sankarankovil Taluk,
Thenkasi District.
4.The Block Development Officer,
Block Development Office,
Sankarankovil,
Thenkasi District.
____________
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W.P.(MD) No.21782 of 2021
R.MAHADEVAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
vsm
W.P.(MD) No.21782 of 2021
15.11.2022
____________
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