K.Mathiyalakan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2020
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No. 9232 of 2020 K.Mathiyalakan .. Petitioner Vs 1.The District Collector, Dharmapuri District,Dharmapuri.
2.The District Revenue Officer, Dharmapuri District,Dharmapuri.
3.The Revenue Divisional Officer, Dharmapuri District,Dharmapuri.
4.The Tahsildar, Nallampalli Taluk, Nallampalli, Dharmapuri District.
5.The Block Development Officer, Nallampalli Taluk, Nallampalli, Dharmapuri District.
6.R. Senthil 7.C.Raman 8.C.Thailappan .. Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 5 to consider the petitioner's representation dated 02.03.2020 and 19.06.2020 and thereby direct the respondents 1 to 5 to take suitable action against the respondents 6 to 8 and remove the encroachment made in the Public road situated in Survey No 655/1 of Kammapatti Village, Nallampalli Taluk, Dharmapuri District runs from Soliyanur - Thoppaiyaru Road Junction to reach the Muniappan Temple in the place of Konamadukadu and maintain as public road and ensure peaceful usage of the same by the petitioner.
For Petitioner .. Mr.B.Gopalakrishnan For Respondents .. Mr.G.K.Muthukumar Special Government Pleader for R1 to R5 Mr.M.R.Jothimanian for R6 to R8
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) This writ petition has been filed by the petitioner, inter alia, alleging that notwithstanding the earlier order passed, which has been given effect to, a fresh encroachment has been made.
2. Learned Special Government Pleader, on instructions, submitted that as of now, there has been no such encroachment. The subsequent encroachment made was also removed. 3.Recording the aforesaid statement made, the writ petition stands closed. However, we make it clear that respondents 4 and 5 shall see to it that there shall not be any fresh encroachment in future. They are further directed to make a periodical inspection of the erstwhile encroached portion once in a month and take appropriate action to prevent such activities in future. We make it clear that this order does not have any bearing on the remaining extent of land for which civil suits are stated to be pending. No costs.
Sd/- Assistant Registrar(CS-III-MDU) //True copy// Sub Assistant Registrar mmi/ssm
To 1.The District Collector, Dharmapuri District,Dharmapuri.
2.The District Revenue Officer, Dharmapuri District,Dharmapuri.
3.The Revenue Divisional Officer, Dharmapuri District,Dharmapuri.
4.The Tahsildar, Nallampalli Taluk, Nallampalli, Dharmapuri District.
5.The Block Development Officer, Nallampalli Taluk, Nallampalli, Dharmapuri District.
W.P.No.9232 of 2020 SS(CO) GMY(23/09/2020)