Muniyan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.2116 of 2023 Muniyan ..

Petitioner Vs.

1. The District Collector Krishnagiri District Krishnagiri.

2. The Revenue Divisional Officer Krishnagiri District Krishnagiri.

3. The Superintendent of Police Krishnagiri District Krishnagiri.

4. The Tahsildar Krishnagiri Taluk Krishnagiri.

5. The Inspector of Police Kaverippattinam Police Station Krishnagiri District.

6. Kasi

7. James @ Vediyappan

8. Chinnaraj

9. Settu 10.Murugesan ..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 4 to remove the encroachment made in public road leading from Thevarmukkulam Main Road to the land comprised in S.No.346/1 and 346/1A, situated at Jagatap Village, Krishnagiri Taluk and District, leading to through S.Nos.345/6A, 365/6B and 346/1 to the width of 11 feet with police protection, based on the representation of the petitioner dated 12.11.2022 within a stipulated time. For the Petitioner : Mr.C.Prabakaran For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 to 5 Mr.M.Selvam for Respondents 6 to 10

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner seeks a direction to the respondents 1 to 4 to remove the encroachment made in public road in S.No.346/1 and 346/1A, situated at Jagatap Village, Krishnagiri Taluk and District,

based on his representation dated 12.11.2022.

2. Admittedly, on receipt of the representation of the petitioner, the second respondent directed the fourth respondent to take appropriate action on the said representation. Alleging that no action was taken, the petitioner filed W.P.No.20685 of 2022 and the same was disposed of directing the respondents to consider the representation of the petitioner and to pass appropriate orders, after affording opportunity of hearing to the petitioner and aggrieved persons within a period of twelve weeks from the date of receipt of a copy of that order. Contending that the encroachment has not been removed till date, the petitioner has come up with this writ petition.

3. Learned counsel for the petitioner has produced photographs to show that a construction has been made with thatched roof in the road in question and thus, the cart track road has been completely encroached.

4. Learned State Government Pleader, taking notice for the respondent 1 to 5, seeks time to take appropriate action on the

representation of the petitioner.

5. In view of the above, this writ petition is disposed of, directing the respondents 1 to 4, to survey the land in question and if any encroachment is found, the same shall be removed forthwith, in accordance with law. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 31.01.2023 Index : Yes/No kpl To

1. The District Collector Krishnagiri District, Krishnagiri.

2. The Revenue Divisional Officer Krishnagiri District, Krishnagiri.

3. The Superintendent of Police Krishnagiri District, Krishnagiri.

4. The Tahsildar Krishnagiri Taluk, Krishnagiri.

5. The Inspector of Police Kaverippattinam Police Station, Krishnagiri District.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) 31.01.2023