Madras High CourtWP/6103/2023disposed of

Mr.Mathanraj v. The District Collector

2023-03-01Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.6103 of 2023 Mathanraj ..

Petitioner Vs.

1. The District Collector Ariyalur District.

2. The Revenue Divisional Officer Udayarpalayam Ariyalur District.

3. The Tahsildar (Revenue) Aandimadam Taluk.

4. The Block Development Officer Aandimadam, Aandimadam Taluk Ariyalur District.

5. The Village Administrative Officer Periyakrishnapuram Village Aandimadam Ariyalur District.

6. Pachaikannu ..

Respondents

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 5 herein to consider the petitioner's representation dated 20.12.2022 and remove the encroachment made by the sixth respondent in S.No.317/3, Periyakrishnapuram Village, Andimadam Taluk, Ariyalur District and safeguard the pathway rights of petitioner's family members as legally.

For the Petitioner : Mr.B.Ramar For the Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.A.Selvendran Special Government Pleader for Respondents 1 to 5

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner seeks a direction to the respondents 1 to 5 herein to consider his representation dated 20.12.2022 for removing the encroachment made by the sixth respondent in S.No.317/3, Periyakrishnapuram Village, Andimadam Taluk, Ariyalur District and to safeguard the pathway rights of his family members.

2. According to the petitioner, his property is situated in S.Nos.316/25 and 318/20 in Periyakrishnapuram Village, Andimadam Taluk, Ariyalur District. The common passage in S.No.317/3, classified as Road, as per the A-Register and village map, used by his family members for more than several decades to access his property, was encroached by the sixth respondent by constructing a concrete house. Hence, he made a representation to the respondents to remove the encroachment made by the sixth respondent. As no action has been taken on the same, the petitioner has come up with the above writ petition.

3. Mr.J.Ravindran, learned Additional Advocate General sought four weeks' time to undertake a survey of the land in question and to remove the encroachment, if any, made by the sixth respondent, as per law.

4. In view of the above, this writ petition is disposed of, directing the respondents 1 to 5 to undertake survey of the land in question and

if it is found that there is an encroachment in S.No.317/3 made by the sixth respondent, the same shall be removed in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 01.03.2023 Index : Yes/No : Yes/No kpl To