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Madras High CourtWP/32229/2014disposed of

S.Kumaraguru v. The District Collector

2016-12-20Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.32229 of 2014 and M.P.No.1 of 2014 S.Kumaraguru .. Petitioner -vs1.The District Collector, Vellore District, At Vellore.

2.The Revenue Divisional Officer, Ranipet, 3.The Tahsildar, Walljah Taluk, 4.The Village Administrative Officer, Nellikuppam Village, Muguntharayapuram Panchayat, Wallajha Taluk, 5.The Head Surveyor, Wallajha Taluk, 6.Karim Sheriff 7.Rahim Sheriff Proprietors of M.D.B. Bus Service, Arcot, Vellore District.

.. Respondents Writ Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 6.8.2014 and thereby direct the respondents 1 to 3 to remove the encroachments made by the respondents 6 and 7 in the

property in Survey No.52, Muguntharayapuram Village and Post, Wallajha Taluk, Vellore District and restore the said land as a common pathway and enable the petitioner to utilise the said survey number of property as a common pathway continuously. For Petitioner :

No Appearance For Respondents :

Mr.M.K.Subramanian Government Pleader for R1 to R5 R6 and R7 no appearance

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner alleges encroachment by respondent Nos.6 and 7 in the property in S.No.52, Muguntharayapuram Village, Wallajha Taluk, Vellore District, which is stated to be a common pathway.

2. In view of the aforesaid, we direct the Tahsildar/respondent No.3 to cause an inspection of the area within fifteen days from the date of receipt of the copy of the order and if any, encroachment is found, to take action in accordance with law and conclude the same within a maximum period of three months thereafter.

3. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2014 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To 1.The District Collector, Vellore District, At Vellore.

2.The Revenue Divisional Officer, Ranipet, 3.The Tahsildar, Walljah Taluk,

4.The Village Administrative Officer, Nellikuppam Village, Muguntharayapuram Panchayat, Wallajha Taluk, 5.The Head Surveyor, Wallajha Taluk, +1cc to Mr.B. Gopalakrishnan, Advocate, S.R.No.74407 +1cc to the Government Pleader, S.R.No.74462 rk(CO) md(28/12/2016) W.P.No.32229 of 2014