G.Nirmala v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Nirmala Devi .. Petitioner Vs 1.The District Collector, Chengalpattu District.

2.The District Revenue Officer, Collectorate, Chengalpattu-603 001.

3.The Thasildar, Thiruporur Taluk, Chengalpattu District.

4.M.Soundarapandian .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 3 to forthwith remove the encroachment made by the fourth respondent on the 24 feet public road leads to Plot Nos.14, 33 and 34 of S.No.99/1C2B1, Muttukadu Village, Thiruporur Taluk, Chengalpattu District.

For the Petitioner : Mr.L.Chandrakumar For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 3

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) G.Nirmala Devi, wife of P.Gunasekaran, a resident of No.123E, 8th Main Road, A-1 Block, Santhi Colony, Anna Nagar, Chennai40, has filed this writ petition for issuance of a writ of mandamus directing respondents 1 to 3 to forthwith remove the encroachment made by the fourth respondent on the 24 feet public road leads to Plot Nos.14, 33 and 34 situated in S.No.99/1C2B1 at Muttukadu Village, Thiruporur Taluk, Chengalpattu District.

2. Learned State Government Pleader appearing for respondents 1 to 3 submitted that the road in question is a private road and, therefore, the petitioner has to workout her remedy in the manner known to law. However, learned State Government

Pleader submitted that a representation in this regard has been submitted by the petitioner on 21.2.2022 and respondents 1 to 3 shall consider and pass orders on the representation of the petitioner on merits and in accordance with law within a specified period.

3. In view of the above, without going into the merits of the matter, we dispose of the writ petition with a direction to respondents 1 to 3 to consider and pass orders on the representation of the petitioner dated 21.2.2022 on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to all concerned, including the fourth respondent. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 12.01.2023 Index : Yes/No bbr

To:

1.The District Collector, Chengalpattu District.

2.The District Revenue Officer, Collectorate, Chengalpattu-603 001.

3.The Thasildar, Thiruporur Taluk, Chengalpattu District.

T.RAJA, ACJ.

AND D.BHARATHA CHAKRAVARTHY, J.

bbr 12.01.2023