← Library
Madras High CourtWP/6912/2017disposed of

Dhayalan v. The District Collector,

2017-03-22Honourable The Acting Chief Justice,Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.3.2017

CORAM

THE HONOURABLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.6912 of 2017 Dhayalan

...Petitioner

Versus

1 The District Collector Krishnagiri District.

2 The Tahsildar Uthangarai Taluk Krishnagiri District.

3 The Assistant Divisional Engineer Highways Department Uthangarai Post & Taluk Krishnagiri District.

4 Mrs.Sivagami 5 Venkatachalam

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to take necessary action to remove the illegal construction on both side of the poramboke land belonging to the State Highways Road Land in Survey No.17/2 of Andiyur Village, Uthangarai Taluk, Krishnagiri District by the 3rd and 4th respondents.

For petitioner : Mr.K.Thiruvengadam For R1 to R3 : Mr.R.Vijayakumar, AGP

ORDER

(Order of the court was made by HULUVADI G.RAMESH, ACJ.) Heard the learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader appearing for respondents 1 to 3.

https://hcservices.ecourts.gov.in/hcservices/

2 The writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to take necessary action to remove the illegal construction on both side of the poramboke land belonging to the State Highways Road Land in Survey No.17/2 of Andiyur Village, Uthangarai Taluk, Krishnagiri District by the 3rd and 4th respondents.

3. According to the petitioner, he is a small farmer owning the lands in S.No.42/1, 42/2A and 42/2B situate at Antigua Village and the only pathway to reach his land is the Government Poramboke land in S.No.17/2 which is now encroached by the fourth and fifth respondents by putting up illegal construction and the representation dated 19.1.2017, submitted by him to the respondent-authorities in this regard has not been considered and hence, the present writ petition has been filed.

4. Therefore, it is for the respondent-authorities to consider the grievance of the petitioner on the allegation of encroachment of pathway made by respondents 4 and 5, after hearing 4 and 5 respondents regarding the alleged encroachment and illegal construction, and do the needful in accordance with law. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// ssk Sub Assistant Registrar To 1 The District Collector Krishnagiri District.

2 The Tahsildar Uthangarai Taluk Krishnagiri District.

3 The Assistant Divisional Engineer Highways Department Uthangarai Post & Taluk Krishnagiri District.

+1cc to Mr.Thiruvengadam, Advocate, S.R.No.17808 +1cc to the Government Pleader, S.R.No.17935 W.P.No.6912 of 2017 EV(CO) RS(13/04/2017) https://hcservices.ecourts.gov.in/hcservices/