Madras High Court
Chinnaraji vs The District Collector on 29 September, 2022
Bench: T.Raja, D.Krishnakumar
W.P.No.26072 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.09.2022
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.26072 of 2022 and WMP.No.25148/2022
Chinnaraji .. Petitioner
vs.
1. The District Collector,
Office of the District Collectorate,
Dharmapuri District.
2. The Tahsildar,
O/o. The Taluk Office,
Pennagaram Taluk,
Dharmapuri District.
3.The Block Development Officer (V&P),
O/o. The Block Development Office,
Pennagaram Taluk,
Dharmapuri District.
4.The Assistant Divisional Engineer,
O/o.the Highway Sub-Division,
Pennagaram Taluk,
Dharmapuri District. .. Respondents
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W.P.No.26072 of 2022
Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Ceriorari, calling for all the records
pertaining to the impugned notice encroachments/2022/E.Ne.U. issued by
the 4th respondent dated 15.09.2022 and quash the same as illegal.
For Petitioner :: Mr.V.K.Sathiamoorthy
for Mr.G.Munuraj
For Respondents :: Mrs.R.Anitha, Spl.G.P.
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Challenging the impugned notice dated 15.09.2022 issued by the Assistant Divisional Engineer, Pennagaram Taluk, Dharmapuri District, the 4th respondent herein, in and by which the petitioner was called upon to remove the encroachment in Survey No.336, Bhadra Alli Village, Erkolpatty, Pennagaram Taluk, Dharmapuri District and for quashing of the same as illegal, the present Writ Petition came to be filed.
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2. Heard Mr.V.K.Sathiamoorthy for Mr.G.Munraj, learned Counsel appearing for the petitioner and Mrs.R.Anitha, learned Special Government Pleader, who takes notice for the respondents.
3. A perusal of the impugned order dated 15.09.2022 issued by the 4th respondent clearly shows that firstly, it has been issued pursuant to the direction issued by this Court in W.P.No.11029/2022 dated 27.06.2022 filed by one V.Madhu arising out of the same cause of action in which while disposing of the said writ petition, this Court has held as follows:
''In view of the above, we dispose of this writ petition with a direction to the official respondents to take action and remove the encroachment after following due process of law. Action shall be taken against all the encroachments without discrimination, which may include even the petitioner, but such action shall be taken after providing an opportunity to the parties, as given under the rules and law. The entire exercise shall be completed within a period of three months from the date of receipt of copy of this order.'' ____________ Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.26072 of 2022 Secondly, the impugned order has been issued to remove the encroachments found only in the road which is meant not only for the petitioner, but also for the public at large. If the road is blocked by the petitioner, then, the common public will not be able to reach the other main places. Therefore, we do not find any merits in the present Writ Petition.
4. In the result, the Writ Petition fails and the same is accordingly dismissed. However, it is made clear that any encroachment, if it is found on the road side-in-question alone can be removed. No costs.
Consequently, connected Miscellaneous Petition is also closed.
(T.R.,A.C.J.) (D.K.K, J.)
29.09.2022
Index : Yes/No
tsi
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1. The District Collector, Office of the District Collectorate, Dharmapuri District.
2. The Tahsildar, O/o. The Taluk Office, Pennagaram Taluk, Dharmapuri District.
3.The Block Development Officer (V&P), O/o. The Block Development Office, Pennagaram Taluk, Dharmapuri District.
4.The Assistant Divisional Engineer, O/o.the Highway Sub-Division, Pennagaram Taluk, Dharmapuri District.
____________ Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.26072 of 2022 THE HON'BLE ACTING CHIEF JUSTICE AND D.KRISHNAKUMAR, J., tsi W.P.No.26072 of 2022 29.09.2022 ____________ Page 6 of 6 https://www.mhc.tn.gov.in/judis W.P.No.26072 of 2022 ____________ Page 7 of 6 https://www.mhc.tn.gov.in/judis