P.Srinivasulu v. District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2024 CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR P.Srinivasulu ..
Petitioner v.
1. District Collector First Floor, Collectorate Kancheepuram 631 501
2. Block Development Officer Sarala Nagar, Kanchipuram SH-110 Kodambakkam Sriperumbudur Road Kanchipuram 602 105
3. Revenue Divisional Officer 6/114, Pattnoolchathram Sriperumbudur, Tamil Nadu 602 105
4. Shri Venkateswara Engineering College Post Bag No.1, Pennalur Village Chennai-Bengaluru High Road Sriperumbudur Taluk, Tamil Nadu 602 117
5. The Executive Officer Sriperumbudur Town Panchayat Kanchipuram District (R5 suo motu impleaded vide order dt. 21.03.2023 in WP.8650/23) ..
Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondent 1-3 to stop the construction of concrete wall enclosing the roads 30 feet main road and 30 feet road named Arunasalam Street earmarked in layout titled "Ethiraj Nagar, Layout of House site in R.S.Nos.102/4, 102/5 and 103/3,4,5" in No.123, Ethirajan Nagar, Pennalur Vilalge, Sriperumbudur Taluk, Kancheepuram District and ensure the same is maintained as a public road.
For Petitioner ::
Mr.E.Manoharan For Respondents ::
Mr.M.R.Gokulkrishnan Addl.Government Pleader for R1 and R3 Mrs.AL.Ganthimathi Senior Counsel for Mr.L.Palanimuthu for R4 No appearance for R2 & R5
ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This writ petition is filed seeking for issuance of a mandamus to the respondents 1 to 3 to stop the construction of concrete wall encroaching the 30 feet main road and 30 feet road named Arunasalam Street earmarked in
layout titled "Ethiraj Nagar, Layout of House site in R.S.Nos.102/4, 102/5 and 103/3,4,5" in No.123, Ethirajan Nagar, Pennalur Vilalge, Sriperumbudur Taluk, Kancheepuram District and ensure the same is maintained as a public road.
2. Considering the fact that the petitioner, though has come by way of the writ petition for issuance of a positive direction to the respondents 1 to 3 to stop the construction of concrete wall encroaching the 30 feet main road named Arunasalam Street earmarked in layout, this Court is of the view that the official respondents will have to initiate action after issuing notice to the petitioner as well as the fourth respondent. Hence, the third respondent is directed to ensure the survey of land by the Taluk Surveyor, in the presence of the petitioner and the fourth respondent, to identify the survey fields and boundary and to fix whether the fourth respondent is in encroachment of any road portion. The Tahsildar concerned, after survey in the presence of parties, is directed to serve a copy of the report as well as the survey plan to the petitioner as well the fourth respondent. The respondents 1 to 3 & 5 shall thereafter take action in accordance with law in the light of the survey
report. In case the report of the Tahsildar-Revenue is to the effect that there is an encroachment by the fourth respondent, the respondents 1 to 3 & 5 are directed to remove the encroachment after following due process of law, within a period of six months from the date of receipt of a copy of this order. The writ petition stands disposed of. Consequently, W.M.P.Nos.8827 & 8829 of 2023 are closed. No costs.
Index : yes/no (S.S.S.R.,J.) (N.S.,J.) 28.06.2024 ss To
1. The District Collector First Floor, Collectorate Kancheepuram 631 501
2. The Block Development Officer Sarala Nagar, Kanchipuram SH-110 Kodambakkam Sriperumbudur Road Kanchipuram 602 105
3. The Revenue Divisional Officer 6/114, Pattnoolchathram Sriperumbudur, Tamil Nadu 602 105
4. The Executive Officer Sriperumbudur Town Panchayat Sriperumbudur, Kanchipuram District
S.S.SUNDAR,J.
AND N.SENTHILKUMAR,J.
ss 28.06.2024