Marimuthu v. The Revenue Thasildar

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 11788 of 2025 Marimuthu Petitioner(s) Vs

1. The Revenue Thasildar Virudachalam Town and Taluk, Cuddalore District 2.The Block Development Officer Virudachalam Town and Taluk, Cuddalore District 3.The Surveyor Virudachalam Town and Taluk, Cuddalore District 4.Shankar Respondent(s)

2/6 PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second and third respondent to execute the orders of the first respondent made vide his proceedings O.Mu.(A1)/1642/2024 dated 24.7.2024 and remove the fourth respondents unlawful possession over the road situated in S.No.105/2 in Erumanur village, Cuddalore District.

For Petitioner(s):

Ms.P.Premeela For Respondent(s):

Mr.P.Sathish, Additional Government Pleader for R1 and R3 Mr.G.Prasanna, Government Advocate for R2

ORDER

This writ petition has been filed for issue of writ of mandamus directing the respondents 1 to 3 to act upon the online application submitted by the petitioner and to conduct a survey and to remove the encroachment that has been made by the 4 th respondent in a public pathway.

3/6 2.Heard Ms.P.Prameela, learned counsel appearing on behalf of the petitioner, Mr.P.Sathish, learned Additional Government Pleader appearing on behalf of respondents 1 & 3 and Mr.G.Prasanna, learned Government Advocate appearing on behalf of the 2 nd respondent.

3.It is seen from records that the 1 st respondent has already directed a survey to be conducted and a report to be filed through communication dated 24.07.2024. Thereafter, there was absolutely no progress and hence, the present writ petition has been filed before this Court seeking for appropriate direction. 4.Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the 1 st respondent to act upon the application submitted by the petitioner after affording an opportunity to the 4 th respondent and conduct a survey in order to ascertain as to whether any encroachment has been made in the public road. A final decision shall be taken, within a period of four weeks from the date of receipt of copy of this order.

4/6 5.This writ petition is disposed of with the above directions. No Costs. Consequently, connected miscellaneous petition is closed. 02-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To 1.The Revenue Thasildar Virudachalam Town and Taluk, Cuddalore District 2.The Block Development Officer Virudachalam Town and Taluk, Cuddalore District 3.The Surveyor Virudachalam Town and Taluk, Cuddaloredistrict

6/6 N.ANAND VENKATESH J.

ssr 02-04-2025