Subramani v. The Government Of Tamil Nadu (Deleted)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.Subramani 2.Palani ... Petitioners Vs.

1.The Government of Tamilnadu, Rep. by its Secretary to Government, Municipal Administrative Department, Government of Tamilnadu, Fort St.George, Chennai - 600 009.

(R1 deleted vide Order dated 10.06.2019 made in W.M.P.No.15325/2019 in W.P.7678/19 by CJ & MDJ) 2.The District Collector, Vellore District.

3.The Tahsildar, Vellore Taluk, Vellore District.

4.R.Mohan 5.R.Kadhiravan Page No.1 of 6

6.Jeevarathinam 7.Parthasarathi 8.The Block Development Officer, Kaniyambadi Union, Vellore District - 632 011.

... Respondents (R-8 impleaded vide order dated 04.07.2019, made in W.M.P.No.18523 of 2019 in W.P.No.7678 of 2019 by CJ & MDJ) Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments on public Road, situated in Eastern side to Western Side, measuring 12 ft width, and water drainage channel measuring 3 ft width out of a total extent of 3,200 sq.meters of Grama Natham land, in Survey No.283/244, in Arcottonkudisai Village, Munjurpet Post, Vellore Taluk and Vellore District and restore the said site to its original position at the cost of the respondents 4 to 7.

For Petitioners : Mr.G.Mutharasu For R1 : Deleted vide Court order dated 14.10.2019 For R2 & R3 and R8 : Mr.A.Selvendran Special Government Pleader For R4 to R7 : Mr.P.Dineshkumar Page No.2 of 6

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of mandamus has been instituted to direct the respondents 1 to 3 to remove the encroachments on public Road, situated in Eastern side to Western Side, measuring 12 ft width, and water drainage channel measuring 3 ft width out of a total extent of 3,200 sq.meters of Grama Natham land, in Survey No.283/244, in Arcottonkudisai Village, Munjurpet Post, Vellore Taluk and Vellore District and restore the said site to its original position at the cost of the respondents 4 to 7.

2.

The Tahsildar, Vellore in his letter dated 11.09.2019 has stated that the public road has been encroached upon by the 4th to 7th respondents. A portion of the road is classified as Sewage Canal, which was encroached upon.

3.

The encroachments are identified by the Tahsildar, Vellore in the year 2019 itself. If any further encroachments are made that also to be Page No.3 of 6

identified and all such encroachments on the public road are directed to be removed. The road in its original condition as stated in the Report dated 11.09.2019, is to be restored for public use. 4.

Therefore, the respondents 2 and 3 are directed to issue notice to the encroachers and on receipt of any objections, take a decision and pass appropriate order after identifying the encroachments and remove all such encroachments, thereafter. The entire exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

5.

Accordingly, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S.J.] [K.R.S.J.] 15.03.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda Page No.4 of 6

To 1.The District Collector, Vellore District.

2.The Tahsildar, Vellore Taluk, Vellore District.

3.The Block Development Officer, Kaniyambadi Union, Vellore District - 632 011.

Page No.5 of 6

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

veda Order in 15.03.2024 (2/2) Page No.6 of 6