Madras High Court
Mr.P.Murugesan vs The District Collector on 27 November, 2024
Author: M.Sundar
Bench: M.Sundar
W.P.No.35066 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.11.2024
Coram
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.35066 of 2024
Mr.P.Murugesan
S/o.Pachaiappan ... Petitioner
vs
1. The District Collector
Villupuram District
Villupuram – 605 602
2. The Tahsildar
Melmalaiyanur Taluk
Melmalaiyanur
Villupuram – 604 204
3. The Block Development Officer
Melmalaiyanur Taluk
Melmalaiyanur
Villupuram – 604 204
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W.P.No.35066 of 2024
4. The Revenue Inspector
Sathambadi
Melmalaiyanur Taluk
Villupuram – 604 204
5. The Village Administrative Officer
Valathi Village
Melmalaiyanur Taluk
Villupuram – 604 208
6. The President
Valathi Panchayat
Valathi Village
Melmalaiyanur Taluk
Villupuram – 604 208
7. Elumalai
8. Murugan
9. Chinnadurai
10. Ramar
11. The Divisional Engineer,
Highways Department, Villupuram .. Respondents
(R11 suo motu impleded vide this order)
Petition filed under Article 226 of the Constitution of India praying
nd rd
for issuance of a writ of mandamus directing 2 and 3 respondents to
consider and dispose of petitioner representation dated 03.08.2024 to
remove the encroachment made by respondents 7 to 10 in Survey No.421
Road and Rain Water drainage situated adjacent to the Survey
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W.P.No.35066 of 2024
No.417/7D situated at Villupuram District, Melmalaiyanur Taluk,
Valathi Village.
For Petitioner : Ms.K.Indumathy Venkatesh
For Respondents : Mr.T.K.Saravanan
Govt.Advocate for R1, R2, R4&R5
Mr.V.Ravi
Spl. Govt Pleader for R3 and R6
ORDER
(Order of the Court was made by K.RAJASEKAR, J.) This writ petition has been filed seeking a direction to respondents 2 and 3 to remove the encroachments in S.No.421 of Valathi Village, Melmalaiyanur Taluk, Villupuram District.
2. It the case of the writ petitioner that he is a adjacent land owner of the alleged encroached area and due to the encroachment made by the private respondents (R7 to R10), the bus shelter was also damaged and width of the road has shrunken.
3. The learned counsel for the writ petitioner submits that https://www.mhc.tn.gov.in/judis Page 3 of 8 W.P.No.35066 of 2024 previously the petitioner had filed a writ petition in W.P.No.1396 of 2024 seeking a direction to remove the encroachment in S.Nos.425/2 and 425/3 in the very same village and the said writ petition was allowed. Now this petition is filed to remove the encroachments made in S.Nos.421 and 417.
4. Issue notice to official respondents.
5. Mr.T.K.Saravanan, learned Government Advocate accepts notice for R1, R2, R4 and R5 and Mr.V.Ravi, learned Special Government Pleader accepts notice for R3 and R6.
6. Considering the limited scope of the present writ petition, with the consent of all the learned counsel, the main writ petition is taken up for final disposal in the admission stage.
7. The learned State counsel submits that S.No.425/3 is classified as “Road” (rhiy) and the present survey number is also falls within the same classification i.e., Road and notices were already issued to the https://www.mhc.tn.gov.in/judis Page 4 of 8 W.P.No.35066 of 2024 private respondents and they would issue notice with regard to survey numbers 421 and 417 also by invoking Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002).
8. Based on the submissions made by the State counsel, the Divisional Engineer, Highways Department, Villupuram is suo motu th impleaded as 11 respondent and he is directed to issue notice to all the parties concerned and if any representations are received from the private respondents, the same shall be considered and final orders shall be passed in accordance with the Tamil Nadu Highways Act, 2001. We make it clear that we have not expressed any view or opinion on the claim made by the parties and all the rights and contentions of private respondents are preserved.
Writ petition is disposed of with the above direction. No costs.
[M.S., J] [K.R.S., J]
27.11.2024
https://www.mhc.tn.gov.in/judis Page 5 of 8 W.P.No.35066 of 2024 Index: Yes/No Neutral Citation: Yes/No Speaking order/Non-speaking order gpa To
1. The District Collector Villupuram District Villupuram – 605 602
2. The Tahsildar Melmalaiyanur Taluk Melmalaiyanur Villupuram – 604 204
3. The Block Development Officer Melmalaiyanur Taluk Melmalaiyanur Villupuram – 604 204
4. The Revenue Inspector Sathambadi Melmalaiyanur Taluk https://www.mhc.tn.gov.in/judis Page 6 of 8 W.P.No.35066 of 2024 Villupuram – 604 204
5. The Village Administrative Officer Valathi Village Melmalaiyanur Taluk Villupuram – 604 208
6. The President Valathi Panchayat Valathi Village Melmalaiyanur Taluk Villupuram – 604 208
7. The Divisional Engineer, Highways Department, Villupuram https://www.mhc.tn.gov.in/judis Page 7 of 8 W.P.No.35066 of 2024 M.SUNDAR,J., and K.RAJASEKAR, J., gpa W.P.No.35066 of 2024 27.11.2024 https://www.mhc.tn.gov.in/judis Page 8 of 8