M.Anbarasu v. The Tahsildar
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.5975 of 2023 M.Anbarasu ..
Petitioner Vs.
1. The Tahsildar Coimbatore North Taluk Office Coimbatore 641 018.
2. The Office of Block Development Officer Block Development Officer Periyanaickanpalayam Coimbatore 641 020.
3. The Panchayat President Pannimadai Village Panchayat Pannimadai Coimbatore 641 017.
4. Earnest Peter Lawrence Lasar
5. K.Radhakrishnan
6. K.Amirtham
7. M/s. VKV Promoters and Builders Rep. by its Partner K.Sundarraj No.2/115A, Main Road Somayanur, 22nd Nanjundapuram Coimbatore 641 108.
..
Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 3 to remove the illegal and unauthorised construction of compound walls and pillars, on the roads which are gifted to Pannaimadai Panchayat Survey Nos.251/4A, 262/2A, 262/2B1, 80/1B, 801B part, 80/2B and 80/1A2 of Pannimadai Village and demarcated road for public access and link the roads it existing panchayat road. For the Petitioner : Mr.S.Chetan Prakash For the Respondents : Mrs.R.Anitha Special Government Pleader for Respondents 1 and 2
ORDER
(Made by the Hon'ble Acting Chief Justice) This public interest litigation has been filed seeking a direction to the respondents 1 to 3 to remove the illegal and unauthorised construction of compound walls and pillars in the roads that were gifted to Pannimadai Panchayat in Survey Nos.251/4A, 262/2A,
262/2B1, 80/1B, 801B part, 80/2B and 80/1A2 and demarcate the road for public access and link the same to the existing panchayat road.
2. According to the petitioner, the roads gifted by the real estate Promoters and Builders in Pannimadai Panchayat, while obtaining DTCP approval for the layout, belong to the Panchayat as per the layout conditions and therefore, they have to be connected with the Panchayat roads. But, the respondents 4 to 7 have closed the roads of the layout for the general public by constructing concrete compound wall or thick wired fencing.
3. On 02.10.2021, the Pannimadai Grama Sabha meeting was held and a resolution was passed and approved to remove the encroachment made in Panchayat roads in DTCP approved layouts and to allow them for general public access. Hence, he made a representation on 22.07.2022 to the third respondent, marking a copy to the respondents 1 and 2. As no action was taken by the respondents 1 to 3, the petitioner has come up with this writ petition.
4. Mrs.R.Anitha, learned Special Government Pleader, placed on record the written instructions given by the first respondent and submitted that field survey will be conducted to find out the encroachment and if there is any encroachment, the same will be removed.
5. In view of the above, this writ petition is disposed of, directing the respondents 1 to 3 to conduct a field survey of the area in question and if there is any encroachment, the same shall be removed in accordance with law, 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. Consequently, WMP No.5986 of 2023 is closed.
(T.R., ACJ.) (D.B.C., J.) 01.03.2023 Index : Yes/No : Yes/No kpl
To
1. The Tahsildar Coimbatore North Taluk Office Coimbatore 641 018.
2. The Office of Block Development Officer Block Development Officer Periyanaickanpalayam Coimbatore 641 020.
3. The Panchayat President Pannimadai Village Panchayat Pannimadai Coimbatore 641 017.
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) 01.03.2023