Ganapathy Nagar And Balaji Nagar Kudieruppour Nala Sangam, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.03.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.4605 of 2021 Ganapathy Nagar and Balaji Nagar Kudieruppour Nala Sangam Rep. by its President B.Muniraj ...
petitioner Vs 1 The Secretary to Government Government of Tamilnadu Ministry of Municipal Administration and Water Supply Fort St. George Secretariat Chennai-600 009.
2 The District Collector Krishnagiri District 3 The Superintendent of Police Krishnagiri District 4 The Revenue Divisional Officer Hosur Revenue Division Krishnagiri District.
5 The Tahsildhar Hosur Taluk, Krishnagiri District.
6 The Block Development Officer Block Development Office Hosur, Krishnagiri District.
7 The Commissioner Hosur City Municipal Corporation Hosur-635 109.
8 The Assistant Director Town and Country Planning Authority Hosur Taluk, Krishnagiri District.
...
respondents
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 8 to provide pucca roads in the entire layout of the Ganapathy Nagar situated in S.No.511/1C, 1D, 1E and 1F and S.No.513 present S.No.513/1 of Mathigiri Village by directing the respondents 9 to 11 not to encroach any roads in Ganapathy Nagar lay out Mathigiri Village Hosur Taluk Krishnagiri District which is situate within the Hosur City Municipal Corporation.
For Petitioner :
Mr.A.Ilaya Perumal For Respondents:
Mr.Jayaprakash Narayanan, State Government Pleader
ORDER
(made by SENTHILKUMAR RAMAMOORTHY, J.) The petitioner complains about the alleged encroachment by certain individuals and seeks the construction of a pucca road by respondents 1 to 8. It is further asserted that a representation dated 07.11.2020 was submitted but no action has been taken thereon by the officials respondents.
2. Upon perusal of the affidavit, it appears that specific individuals claim title over the land on which the 30' road has been constructed. Consequently, a mandamus cannot be issued to direct such persons not to encroach on the land when the persons concerned have not been joined as parties.
3. However, without examining the merits or tenability of the petitioner's representation, the respondents 5 to 8 are directed to consider the representation and dispose of the same by a speaking order after providing a reasonable opportunity to all affected parties, including the persons named in the affidavit viz.Tmt.Jayamma, Thiru.N.Muniyappa and Thiru.Kothandaraman. Such a speaking order shall be issued within a period of eight weeks from the date of receipt of a copy of this order. In the event the petitioner is aggrieved thereby, it is open to the petitioner to pursue legal remedies, otherwise than by way of a public interest litigation, after establishing his locus standi.
4. W.P.No.4605 of 2021 is disposed of on the above terms. There will be no order as to costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
tar To:
1 The Secretary to Government Government of Tamilnadu Ministry of Municipal Administration and Water Supply Fort St. George Secretariat Chennai-600 009.
2 The District Collector Krishnagiri District, Krishnagiri.
3 The Superintendent of Police Krishnagiri District, Krishnagiri.
4 The Revenue Divisional Officer Hosur Revenue Division, Hosur Krishnagiri District.
5 The Tahsildhar Hosur Taluk, Krishnagiri District.
6 The Block Development Officer Block Development Office Hosur, Krishnagiri District.
7 The Commissioner Hosur City Municipal Corporation Hosur-635 109.
8 The Assistant Director Town and Country Planning Authority Hosur Taluk, Krishnagiri District.
+1cc to Mr.Ilaya Perumal, Advocate SR.13044 +1cc to the Government Pleader SR.13144 W.P.No.4605 of 2021 MG(CO) CB(17/03/2021)