D.Sureshkumar(Ex-Army), v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2024 CORAM :
THE HON'BLE MR. JUSTICE R.MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ D.Sureshkumar .. Petitioner Vs 1.The District Collector, District Collector Office, Dharmapuri-636 705.
2.The Assistant Director of Town Panchayats, District Collectorate, Dharmapuri-636 705.
3.The Executive Officer, Selection Grade Town Panchayat, Karimangalam, Dharmapuri-635 111.
4.Sumathibhai 5.K.Kutrammal 6.K.Ellappan .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to remove the encroachments in the public road in Therpettai Street, 8th Cross by considering the petitioner's representation dated 4.9.2023 and further direct the respondents to restore the condition of the public road.
For the Petitioner : Mr.M.Mahamani For the Respondents : Mr.Karthik Jegannathan Government Advocate for respondents 1 and 2 : Mr.C.Kathiravan Spl. Government Pleader for respondent No.3
ORDER
(Order of the Court was made by R.MAHADEVAN,J.) This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing the respondent authorities to remove the encroachments made in the public road in Therpettai Street, 8th Cross, Karimangalam Taluk, Dharmapuri District.
2. According to learned counsel for the petitioner, for removal of the encroachments made in the public road, the petitioner has submitted a representation on 4.9.2023 and the same has not been considered by the respondent authorities till date.
3. Learned Special Government Pleader as well as learned Government Advocate appearing for the respondent authorities, on instructions, submit that necessary action would be taken for removal of the encroachments within six weeks from the date of receipt of a copy of the order.
4. In view of the above, the writ petition is disposed of by directing the respondent authorities to consider the representation of the petitioner dated 4.9.2023 and conduct a survey of the land in question and thereafter take appropriate action in accordance with law for removal of the
encroachments, if any, after providing opportunity to the petitioner as well as other interested parties, including private respondents 4 to 6. The entire exercise shall be completed by the respondent authorities within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
(R.M.D., J.) (M.S.Q., J.) 01.03.2024 Index :
No :
No bbr To 1.The District Collector, District Collector Office, Dharmapuri-636 705.
2.The Assistant Director of Town Panchayats, District Collectorate, Dharmapuri-636 705.
3.The Executive Officer, Selection Grade Town Panchayat, Karimangalam, Dharmapuri-635 111.
R.MAHADEVAN,J.
AND MOHAMMED SHAFFIQ,J.
bbr 01.03.2024