M.Venkatasalam v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Venkatasalam ..

Petitioner Vs.

1. The Commissioner The Udumalpet Municipality, Udumalpet.

2. The Directorate of Town and Country Planning Coimbatore Region, Coimbatore.

3. The Town Planning Officer Udumalpet Municipality, Udumalpet.

4. S.Sankaran ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 1st respondent to remove the encroachment made on the 10 feet North South approach road and restore it to its original width of 23 feet so as to provide the free ingress and egress for the petitioners residential house comprised in Plot No.48, Velu Nagar, Chandrasekaran Layout, Eripalayam, Udumalpet.

For the Petitioner : Mr.R.Kannan For the Respondents : Mr.G.Anand for R1 and R3 Mr.C.Kathiravan Special Government Pleader for R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.R.Kannan, learned counsel for the petitionr, Mr.G.Anand, learned counsel for respondents 1 and 3 and Mr.C.Kathiravan, learned Special Government Pleader for respondent 2.

2. It is submitted that respondent 4 has encroached the pathway.

3. Learned counsel for respondents 1 and 3, on oral instructions, submits that even the petitioner is an encroacher and further submits that survey would be conducted and if encroachments are found on the pathway, all encroachments would be removed.

4. In view of the said statement, the writ petition stands disposed of. There shall be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 14.02.2024 Index :

Yes/No :

Yes/No drm To

1. The Commissioner The Udumalpet Municipality, Udumalpet.

2. The Directorate of Town and Country Planning Coimbatore Region, Coimbatore.

3. The Town Planning Officer Udumalpet Municipality, Udumalpet.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 14.02.2024