Madras High CourtWP/2194/2024disposed of

G.Munusamy v. The District Collector

2024-02-02Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.2386 of 2024 G.Munusamy .. Petitioner -vs1.The District Collector Salem District, Salem.

2.The Revenue Divisional Officer Salem District, Salem.

3.The Thasildar Attur, Salem District 636 102.

4.The Commissioner Attur Municipality Attur, Salem District.

5.The Inspector of Police Attur Town Police Station Attur - 636 102 Salem District.

6.Sivakumar .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 1st to 4th respondents to consider the petitioner's representation dated 13.12.2023 and 26.12.2023 and consequently to remove the encroachments in the Municipality Common Road comprising in Old S.No.794/2, T.S.No.11/11 situated at Ward F, Block No.14 and canal comprising in Old S.No.857/8, T.S.No.14/8 situated at Ward F, Block No.14, adjoined to petitioner's property comprising in S.No.859/2, T.S.No.13/3C and 13/3B situated at Ward F, Block No.14, Therkukadu, Attur Post and Taluk, Salem District with the help of 5th respondent and to ensure the same for public access.

For the Petitioner :

Ms.Anna Gandhi for Ms.S.Vinodha For the Respondents :

Mr.K.Karthik Jagannath Government Advocate -RR 1, 3 and 5 Mr.L.P.Mauriya - for R4 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Ms.Anna Gandhi, learned counsel for the petitioner, Mr.K.Karthik Jagannath, learned Government Advocate for

Respondents 1 to 5.

2. Encroachment is alleged on the road. Learned Government Advocate on instructions submits that the survey is scheduled to be conducted tomorrow and depending upon the result of the survey, further steps would be taken by the authorities in accordance with law expeditiously.

3. In the light of the afore said statement, no further orders are necessary in this writ petition and the writ petition is disposed of. There shall be no order as to costs. Consequently, connected W.M.P.No.2386 of 2024 is closed.

(S.V.G., CJ.) (D.B.C., J.) 02.02.2024 Index : Yes/No : Yes/No kst

To 1.The District Collector Salem District, Salem.

2.The Revenue Divisional Officer Salem District, Salem.

3.The Thasildar Attur, Salem District 636 102.

4.The Commissioner Attur Municipality Attur, Salem District.

5.The Inspector of Police Attur Town Police Station Attur - 636 102 Salem District.

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

(kst) 02.02.2024