P.Vedagiri v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.03.2020
CORAM
THE HONOURABLE MR. JUSTICE N. KIRUBAKARAN AND THE HONOURABLE MRS. JUSTICE R. HEMALATHA W.P. No. 6281 of 2020 P. Vedagiri
...Petitioner
Vs.
1.
The District Collector, Villupuram District, Villupuram.
The Tahsildar, Tirukoilur Taluk, Villupuram District.
Block Development Officer (Administration), Assistant Director Office (Panchayat), Kallakurichi &Taluk, Villupuram District.
4.
Kannan 5.
Pandurangan 6.
Aadhimoola Gounder
...Respondents
Prayer:
Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing respondents 1 to 3 to consider the petitioner's representation dated 04.03.2019 sent for taking action against respondents 4 to 6 by obstructing for encroachment the East Road, situated at Arcot and Post, Mugaiyur Via, Tirukoilur Taluk, Villupuram District, comprised in Survey No. 55/5.
For Petitioner ::Mr.R. Thanjan For Respondents::Mr.P.S.Sivashanmuga Sundaram Special Govt. Pleader for R1 to R3
O R D E R
(Order of the Court was made by N. KIRUBAKARAN,J.) The petitioner has come before this Court seeking issuance of a Writ of Mandamus directing respondents 1 to 3 to consider his representation dated 04.03.2019 and to take action against the 4th respondent, who is alleged to have encroached and obstructed the East Road situated at Arcot and Post, Mugaiyur Via, Tirukoilur Taluk, Villupuram District.
According to the petitioner, the road called "East Road" is situated at Arcot Village and Post, Mugaiyur Via, Tirukoilur Taluk, Villupuram District and comprised in Survey No. 55/5. The said road is only meant for road purpose. Even a lamp post has been installed for providing lighting facility by the Panchayat Union. However, the private respondents 4 to 6 who are residing adjacent to the said road are obstructing use of the said road and not allowing the petitioner to carry his harvest materials from and therefore, the petitioner gave a representation on 04.03.2019. Since the said representation has not been disposed of, the present writ petition has been filed. Heard the learned counsel for the petitioner and the learned Special Government Pleader for respondents 1 to 3. Notice to private respondents is dispensed with as this Court intends to direct the authorities to issue notice, enquire the private respondents also and thereafter, take a decision. 4.
Therefore, respondents 2 and 3 are directed to inspect the road in question after giving notice to the petitioner as well as to the private respondents 4 to 6, find out as to whether the portion which is claimed to be a road by the petitioner is in fact a road and as to whether the private respondents are obstructing the use of the said road by the petitioner and others. The respondents 2 and 3, after inspection, shall give an opportunity of hearing to both parties and take a decision thereafter. The aforesaid exercise shall be done within a period of eight weeks from the date of receipt of a copy of this order.
5.
The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar
To 1.
The District Collector, Villupuram District, Villupuram.
The Tahsildar, Tirukoilur Taluk, Villupuram District.
Block Development Officer (Administration), Assistant Director Office (Panchayat), Kallakurichi &Taluk, Villupuram District.
+1cc to Mr.Thanjan, Advocate Sr.22362 +1cc to the Government Advocate Sr.22687 W.P. No. 6281 of 2020 mg[co] srg 09/07/2020