M.Chakravarthy v. The District Collector /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Chakravarthy ...

Petitioner Vs 1.The District Collector / Inspector of Panchayats, Dharmapuri District. 2.The Revenue Tahsildar Pennagaram Taluk, Dharmapuri District.

3.The Block Development Officer Eriyur Panchayat Union Pennagaram Taluk, Dharmapuri District.

4.Ajjanahalli Village Panchayat rep by its President Ajjanahalli - 636 705 Pennagaram Taluk, Dharmapuri District.

...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to remove the encroachments in the public road/street in S.F.No.478 Sigaralahalli Village, Ajjanahalli Panchayat, Pennagaram Taluk Dharmapuri District to restore the public road/ street to its original position measuring 18 feet width by implementing the proceedings in Na.Ka.No.1159/2022/Aa4 dated 31.01.2023 issued by the 3rd respondent and by considering the petitioner's representation dated 26.12.2022.

For the Petitioner :

Mr.N.Manokaran For the Respondents :

Mr.J.Ravindran, Additional Advocate-General, assisted by Mr.A.Selvendran, Special Government Pleader, for respondents 1, 2 and 4 Mr.P.Muthukumar, State Government Pleader, for the third respondent

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking to remove the encroachment found on the road in S.F.No.478, Sigaralahalli Village, Ajjanahalli Panchayat, Pennagaram Taluk, Dharmapuri District.

2. According to the petitioner, initially, the width of the road was 18 feet, and as encroachments slowly ate up the road, the present width of the road has been reduced to a mere 8 feet. Hence, he submits that encroachment has to be removed and the road should be restored to its original width.

3. Mr.P.Muthukumar, learned State Government Pleader, submits that the representation of the petitioner would be considered and action would be taken by the official respondents in six weeks' time.

4. Recording the said submission of learned State Government Pleader, the writ petition is disposed of by directing respondents 3 and 4 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 six 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.) 10.03.2023 Index : Yes/No : Yes/No tar To 1.The District Collector / Inspector of Panchayats, Dharmapuri District. 2.The Revenue Tahsildar Pennagaram Taluk, Dharmapuri District.

3.The Block Development Officer Eriyur Panchayat Union Pennagaram Taluk, Dharmapuri District.

4.The President Ajjanahalli Village Panchayat Ajjanahalli - 636 705 Pennagaram Taluk, Dharmapuri District.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 10.03.2023