Ponraj Alias Ravichandran v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 07.10.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.No.3460 of 2020 Ponraj @ Ravichandran ... Petitioner -vs1.The Commissioner Mettur Municipality Mettur Dam-636 401 Salem District.
2.Srinivasan 3.Santhanam 4.Thangam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to remove the encroachments made by the respondents 2 to 4 on the western side road in the 1st respondent municipality, which is situated in Block No.46, West main Road, Mettur Dam-636 401, Salem District, based on petitioner's representation dated 21.06.2018 and 01.06.2019 within a stipulated time. For petitioner : Mr.B.Sridhar For respondents : Mr.Lourdu Paul Maurya for R1 No appearance for R2 to R4
ORDER
(Order of the Court was made by K.KALYANASUNDARAM, J.,) The prayer in this writ petition is to issue a writ of mandamus, directing the 1st respondent to remove the encroachment
made by the respondents 2 to 4 in Block No.46, West main Road, Mettur Dam-636 401, Salem District.
2.It is the case of the petitioner that he purchased the property bearing Door No.21-E, Square Market, Mettur Dam-636 401, by virtue of sale deed dated 03.12.2014. The said property is bounded on the west side of west main road, which is leading to the road from western side to eastern side. The respondents 2 to 4 encroached the western side of the road and constructed building and stored construction materials in it, which is classified as Municipal Road. Hence, on 21.06.2018 personally requested the 1st respondent and sent representation on 01.06.2019, to remove the encroachment, but no action was taken. 3.Mr.B.Sridhar, learned counsel for the petitioner would state that the respondents 2 to 4 have illegally occupied the western side of the road and also constructed buildings. It is the submission of the learned counsel that the land occupied by the private respondents has been classified as "municipal road". Despite representation, no effective steps has been taken to redress the grievance of the petitioner.
4.The learned Standing Counsel appearing for the 1st respondent would state that the road margin has been encroached not only by the respondents 2 to 4, but about 100 persons have encroached upon the road. He further added that the municipality has decided to remove all the encroachments, however, in view of the stay granted in W.P.No.5715 of 2020, no action could be taken by the municipality. It is further submitted that in respect of the petitioner in W.P.No.5715 of 2020, viz., Thangaraj, the respondent-municipality is ready to conduct enquiry and pass orders afresh. In respect of the others, immediate steps will be taken, to remove the encroachments.
5.The submission of the learned Standing Counsel for the 1st respondent is recorded.
6.In the light of the above facts and circumstances of this case, we hereby direct the 1st respondent to remove the encroachments, in accordance with law, after providing opportunity to all the parties concerned, within a period of three months from the date of receipt of a copy of this order.
7.With the above direction, this writ petition stands disposed of. No costs. Consequently connected miscellaneous petition is closed.
Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar Jer To The Commissioner Mettur Municipality Mettur Dam-636 401 Salem District.
+1cc to Mr.G.Ganapathy, Advocate, S.R.No.52840 +1cc to Mr.L.P.Maurya, Advocate, S.R.No.52857 W.P.No.3460 of 2020 MG(CO) SB(25/10/2021)