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Madras High CourtWP/1761/2022disposed of

P.Selvam v. The District Collector

2022-03-01Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 01.03.2022 Coram:

THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, Chief Justice and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY --- W.P.No.1761 of 2022 ---

1. P.Selvam

2. P.Ramamurthy .. Petitioners Vs.

1. The District Collector, Erode District, Erode.

2. The Revenue Divisional Officer, Gobichettipalayam, Erode District.

3. The Tahsildar, Bhavani Taluk, Erode District.

4. S.Vivek

5. Karthikeyan .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to initiate appropriate action against the fourth and fifth respondents based on the complaint of the petitioners, dated 23.12.2021 and to preserve the road in Suvey No.14/1, Kalpavi Village, Bhavani Taluk, Erode District.

For petitioner : M/s.N.Mohanapriya For Respondents : Mr.P.Muthukumar, State Govt. Pleader assisted by Mr.Mugilan, Govt. Advocate for RR-1 to 3 No appearance for RR-4 and 5 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(The Order of the Court was made by The Hon'ble Chief Justice) The Writ Petition is filed seeking direction against the respondents 4 and 5 in reference to the complaint made by the petitioner. The complaint of the petitioner was regarding encroachment on the Thar Road by the respondents 4 and 5.

2. The learned Government Pleader appearing for the respondents 1 to 3 submitted that the effort of the respondents 4 and 5 to encroach upon the Thar Road, has been taken care of and the same has not been permitted. The Thar Road is now free from encroachment and the respondents 4 and 5 would not be allowed to capture any area of the Thar Road.

3. In view of the statement aforesaid, we dispose of this Writ Petition with a direction to the respondents 1 to 3 to maintain the Thar Road on the Government land and if any one tries to encroach it, immediately, they shall take action, as presently, due to their action, the respondents 4 and 5 could not encroach the Thar Road. No costs. Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar cs To

1. The District Collector, Erode District, Erode.

2. The Revenue Divisional Officer, Gobichettipalayam, Erode District.

3. The Tahsildar, Bhavani Taluk, Erode District.

+1 cc to Mr.E.P.Senniyangiri, Advocate Sr.NO. 13431 +1 cc to Government Pleader Sr.NO. 13785 W.P.No.1761 of 2022 SRA(CO) A.SK(07/03/2022) https://hcservices.ecourts.gov.in/hcservices/