P.Janarthanan v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Janarthanan .. Petitioner -vs1. The Tahsildar, Land Acquisition National Highways, Collector Office, Sathivachari, Vellore-9.

2. M.Krishnaveni

3. Saroja ..Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to consider the petitioner's representation dated 09.01.2023 and remove the encroachment made by the respondents 2 and 3 in the Bangalore to Madras National Highways.

For Petitioner : Mr.M.S.Swathish Kumar For Respondents : Mr.P.Muthukumar State Government Pleader For R-1 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Acting Chief Justice) Mr.P.Janarthanan, S/o.Pannerselvam, has filed this writ petition praying for issuance of writ of mandamus to the first respondent to consider his representation dated 09.01.2023 and remove the encroachment made by respondents 2 and 3 on the Bangalore - Madras National Highways.

2. The case of the petitioner is that he is the absolute owner of S.No.488/34 situated at M.B.T.Road, Arapakkam Village, Walajah Taluk, Ranipet and the land in S.Nos.488/35 and 488/36 belong to respondents 2 and 3. The first respondent acquired 0.0251 cents out of 0.0263 cents in S.F.No.488/35 and 0.0047 cents out of 0.0050 cents in S.F.No.488/36. The petitioner states that respondents 2 and 3 have laid a foundation pit in the prohibited area and thereby violated the Rules of NHAI in respect of the wayside construction by encroaching upon the land belonging to the National Highways. The learned counsel for the petitioner submits that the petitioner has sent a representation dated 09.01.2023 to the first respondent, which did

not evoke any response and therefore, left with no other efficacious alternative remedy, the present writ petition has been filed.

3. Mr.P.Muthukumar, learned State Government Pleader appearing for the first respondent, submits that the representation of the petitioner dated 09.01.2023 would be considered and appropriate orders would be passed within a period of four weeks.

4. Recording the said submission of the learned State Government Pleader, the writ petition is disposed of directing the first respondent to conduct a survey, and if any encroachment is found, issue notice to the encroachers and remove the same. The entire exercise shall be completed 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.) 20.03.2023 Speaking/Non-speaking order Index : Yes / No Internet : Yes / No sra

T.Raja, ACJ.

and D.Bharatha Chakravarthy, J.

(sra) To

1. The Tahsildar, Land Acquisition National Highways, Collector Office, Sathivachari, Vellore-9.

20.03.2023