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Madras High CourtWP/6489/2020disposed of

N.Sathish v. The District Collector

2020-09-07Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No. 6489 of 2020 N.Sathish ..Petitioner vs

1. The District Collector, Kancheepuram District.

2. The Assistant Director of Survey and Land Records, District Survey Office, Collectorate Campus, Kancheepuram.

3. The Executive Officer, Walajabad, Kancheepuram District.

4. The Tahsilldar, Walajabad, Kancheepuram District.

..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to remove the encroachments in the public road situated in Old Survey No.126A/19, New Survey No.573/19, Ward No.3, Walajabad, Kancheepuram District and lay down Tar Road between Arumugapettai Street and N.N.Salai to an extent of 10 feet width and 300 feet length.

For Petitioner .. Mr.Nandhakumar for Mr.V.Saranraj For Respondents.. Ms.R.J.Radhika, Govt. Advocate for R1, R2 & R4 Mr.V.Jayaprakash Narayanan, Govt. Pleader for R3

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Seeking a direction to the respondents to remove the encroachments in the public road situated in Old Survey No.126A/19, New Survey No.573/19, Ward No.3, Walajabad, Kancheepuram District and lay down Tar Road between Arumugapettai Street and N.N.Salai to an extent of 10 feet width and 300 feet length, the petitioner has filed the present writ petition.

2.The petitioner made a representation to the respondents interalia alleging that the encroachment on the roadside will have to be removed. The petitioner was also informed by the third respondent in and by the proceedings dated 17.12.2019 that appropriate action will be taken by the fourth respondent after survey.

3.Learned Government Advocate appearing for respondents 1, 2 and 4 submitted that survey has been conducted by the second respondent and the matter is pending consideration with the fourth respondent. The encroachment made will be removed after following due procedure.

4.In view of the said submission, the writ petition stands disposed of by directing the fourth respondent to complete the process of removing the encroachment by following due procedure within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The District Collector, Kancheepuram District.

2. The Assistant Director of Survey and Land Records, District Survey Office, Collectorate Campus, Kancheepuram.

3. The Executive Officer, Walajabad, Kancheepuram District.

4. The Tahsilldar, Walajabad, Kancheepuram District.

+1cc to Mr.V.Saranraj, Advocate, S.R.No.29358 W.P.No.6489 of 2020 KK(CO) RV(21/09/2020)