← Library
Madras High CourtWP/10228/2017disposed of

A.Kamalakannan, v. The District Collector,

2017-04-25Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2017

CORAM

THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.10228 of 2017 A.Kamalakannan .. Petitioner Vs.

1 The District Collector, O/o Collectorate Office, Tiruvallur, Tiruvallur District 602 001.

2 The Assistant Director of Rural Development (Panchayats) O/o The Assistant Director of Rural Development (Panchayats), Collector's Office Buildings, Tiruvallur 602 001.

3. Block Development Officer, Panchayat Union, Gummidipoondi,

4. The President Nelvoy Village Panchayat, Nelvoy Village and Post, Gummidipoondi Taluk, Tiruvallur District.

5. A.Mohdhar Ahmed .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct the respondents 1 to 4 to remove the illegal encroachment and obstruction of stone pillars, barbed wire fence and gates and all other obstructions put up by the 5th respondent in the Panchayat road in S.No.308/4, Nelvoy Village and Panchayat, Gummidipoondi Taluk, Tiruvallur District.

For Petitioner : Mr.Kovi Ramalingam For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 1 to 4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition has been filed by the petitioner seeking a writ of mandamus directing official respondents 1 to 4 to remove the illegal encroachments put up by the 5th respondent in the Panchayat road in S.No.308/4, Nelvoy Village and Panchayat,

2. Mr.M.K.Subramanian, learned Government Pleader accepts notice for respondents 1 to 4.

3. The fifth respondent is a private respondent, who is alleged to have encroached upon the panchayat road and put up stone pillars, barbed wire fence and gates.

4. The office of the third respondent shall cause an inspection of the site in question i.e., Survey No.308/4 situated at Nelvoy Village and Panchayat, Gummidipoondi Taluk, Tiruvallur District, to be made within a fortnight from the date of receipt of copy of this order and if any encroachment is found, respondent Nos.1 and 2 shall take action in accordance with law, after giving notice to all concerned, particularly the fifth respondent before us, and conclude the proceedings within a period of two months thereafter.

5. The writ petition, accordingly, stands disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

sra To:

1 The District Collector, O/o Collectorate Office, Tiruvallur, Tiruvallur District 602 001.

2 The Assistant Director of Rural Development (Panchayats) O/o The Assistant Director of Rural Development (Panchayats), Collector's Office Buildings, Tiruvallur 602 001.

3. Block Development Officer, Panchayat Union, Gummidipoondi,

4. The President Nelvoy Village Panchayat, Nelvoy Village and Post, Gummidipoondi Taluk, Tiruvallur District.

+2 cc to Mr.Kovi ramalingam, Advocate,sr.24875 +1 cc to Government Pleader,sr.25222 W.P.No.10228 of 2017 ks(co) rmp(11/05/17)