G.Ranganathan v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2023

CORAM

THE HON'BLE MR. JUSTICE S. VAIDYANATHAN AND THE HON'BLE MR.JUSTICE K. RAJASEKAR W.P. No.9636 of 2019 G. Ranganathan ..Petitioner Vs.

1.

The Commissioner, Udumalpet Municipality, Udumalpet.

The Tahsildar, Udumalpet Taluk, L. Santhyavu 4.

V. Vinothkumar 5.

The Church represented By its President, Site No.40, Shree Royal Nagar Teacher's Colony, 1\6

6.

The Block Development Officer, (R6 suo motu impleaded by order of Court dated 15.12.2023 by SVNJ & KRSJ) ..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing respondents 1 and 2 herein to remove the encroachments/unauthorized structures put up by respondents 3 to 5 herein in part of the 20 feet north-south road situated in approved layout namely G.T.V. Nagar in S.F. No. 171, Kanakkampalayam Village, Udumalpet and restore the same by considering the petitioner's representation dated 04.02.2019.

For Petitioner ::

Mr.J. Aravind for Mr.D.R. Arunkumar For Respondents ::

Mr.A. Selvendran, Special Government Pleader for R2 & R6 Mr.B. Anand for R1 Mr.T. Ramachandran for R3 & R5

O R D E R

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(Made by S. Vaidyanathan,J.) The petitioner has come forward with the present writ petition for issue of a Writ of Mandamus directing respondents 1 and 2 herein to remove the encroachments/unauthorized structures put up by respondents 3 to 5 herein in part of the 20 feet north-south road situated in approved layout namely G.T.V. Nagar in S.F. No. 171, Kanakkampalayam Village, Udumalpet and restore the same by considering the petitioner's representation dated 04.02.2019.

The grievance of the petitioner is that he has been deprived of free ingress and egress to his house due to the encroachment made by respondents 3 to 5 by erecting permanent structures in a part of the 20 feet North-South road that runs in front of his house and the same was also gifted to the 1st respondent Muncipality long back during the formation of layout. Though the petitioner sent a representation to the 1st respondent to clear the encroachment, the same has not been considered. Hence, the present writ petition.

When the matter is taken up for hearing, it is represented that 3\6

the 5th respondent is not a church, but it is "West Coimbatore Congregation of Jehovah's Witnesses Trust, having address at No.100, Teacher's Colony, Royal Nagar, Udumalpet,Tiruppur District." The said statement is hereby recorded.

4.

It is submitted by the learned counsel for the 1st respondent Municipality that out of three encroachments pointed out by the petitioner, one encroachment has already been removed. With regard to the second encroachment, pursuant to the order of this Court dated 26.10.2023 in W.P. No. 31113 of 2023, orders have been passed on 11.12.2023 to remove the encroachment within 15 days. With regard to the 3rd encroachment, it comes within the purview of the newly impleaded 6th respondent and it is submitted by the learned counsel for the 1st respondent that survey will have to be conducted to find out whether there is any encroachment and thereafter, the same will have to be removed, if found.

5.

In view of the submission made by the learned counsel for the 1st respondent, the writ petition is disposed of with a direction to remove the 2nd encroachment within the time stipulated. With regard to the 3rd 4\6

encroachment, the 6th respondent is expected to conduct a survey with the assistance of Tahsildar concerned and other revenue officials, afford an opportunity of hearing to the petitioner and other interested parties and take steps to remove the encroachment, if found, with police aid within a period of 15 days from the date of noticing the encroachment. In case, the encroachment found is not removed within the time stipulated, then appropriate action shall be taken against the officials concerned in the light of the order dated 30.08.2023 passed by Madurai Bench of Madras High Court, in W.P.(MD) No. 16120 of 2023 (N. Sankar V. The Principal Secretary, Town and Country Planning, Government of Tamil Nadu and 3 others). No costs.

(S.V.N.J.) (K.R.S.J.) nv 15.12.2023 To 1.

The Commissioner, Udumalpet Municipality, Udumalpet.

S. VAIDYANATHAN,J.

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AND K. RAJASEKAR,J.

nv The Tahsildar, Udumalpet Taluk, The Block Development Officer, 15.12.2023 6\6