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Madras High CourtWP/18395/2016disposed of

Jayakanthan, v. The District Collector,

2019-08-22Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.18395 of 2016 Jayakanthan .. Petitioner Vs.

1. The District Collector Thiruvannamalai District.

2. The Tahsildar Chengam Taluk Thiruvannamalai District.

3. The Block Development Officer Pudupalayam Panchayat Union Thiruvannamalai District - 606 705.

4. The Village Administrative Officer Nayambadi Village, Mosur Kallaraipadi Post - 606 702 Chengam Taluk, Thiruvannamalai District.

5. The Revenue Divisional Officer Thiruvannamalai District.

6. The Inspector of Police Kadaladi, Thiruvannamalai District.

7. Kumar

8. Gunasundari .. Respondents PRAYER:

Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to form a road and to restore the road by removing encroachment and filling with metals and restore it in motorable condition.

For Petitioner : Mr.P.R.Shankar For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c.) for respondents 1 to 5 Mr.E.P.Senniyangiri for respondents 7 and 8 No appearance for 6th respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.P.R.Shankar, learned counsel for the petitioner; Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.) appearing for respondents 1 to 5 and Mr.E.P.Senniyangiri, learned counsel for respondents 7 and 8.

2. According to the petitioner there is an encroachment in Survey Nos.29/2, 37/4, 30/4, 36/3 and 35/3 at Nayampadi Village. The said survey numbers are marked as Pathai Poramboke (Pathway) in the Village Records, but the said lands were encroached by respondents 7 and 8. The petitioner seeks a direction to the respondent authorities to remove the said encroachment.

3. The learned Government Pleader (i/c.) stated in relation to a portion of the land in the above survey numbers, patta has been issued by the authorities and the encroachments in the other portions of land have been removed. He further submitted that if any encroachment is present in the said lands, the respondent authorities will take steps in accordance with law to remove the same.

In view of the submission made by the learned Government Pleader (i/c.), no further orders are necessary in this writ petition and the same is disposed of accordingly. No costs. Consequently, W.M.P.No.16089 of 2016 is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar sasi

To:

1. The District Collector Thiruvannamalai District.

2. The Tahsildar Chengam Taluk Thiruvannamalai District.

3. The Block Development Officer Pudupalayam Panchayat Union Thiruvannamalai District - 606 705.

4. The Village Administrative Officer Nayambadi Village, Mosur Kallaraipadi Post - 606 702 Chengam Taluk Thiruvannamalai District.

5. The Revenue Divisional Officer Thiruvannamalai District.

6. The Inspector of Police Kadaladi, Thiruvannamalai District.

+1cc to Mr.V.Jayaprakash Narayanan, Advocate, S.R.No.70535 +1cc to Mr.E.P.Senniyangiri, Advocate, S.R.No.71944 +1cc to the Government Pleader, S.R.No.72685 W.P.No.18395 of 2016 BS(CO) CS/20/09/2019