D.Jothilakshmi v. The District Collector /Dro

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU D.Jothilakshmi ..

Petitioner Vs.

1. The District Collector / DRO Chengalpattu District.

2. The Tahsildar Chengalpattu Taluk, Chengalpattu District.

3. The Commissioner Maraimalai Nagar Municipality Chengalpattu District.

4. D.Gajalakshmi ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing (a) the second respondent Tahsildar, Chengalpattu Taluk, to earmark the encroached portion of 20 feet public road in Survey No.125/1, Sri Ganapathy Nagar Colony Extn.5, Panangottur Village,

Maraimalai Nagar, Chengalpattu Taluk and also encroachment of 4 meters in the petitioner's property eastern side in Survey No.125/317, in Sri Ganapathy Nagar Colony Extn.5, Panangottur Village, Chengalpattu Taluk, consequential relief (b) directing the third respondent Commissioner, Maraimalai Nagar Municipality to remove the encroachment of 20 feet public road encroached by the fourth respondent in Survey No.125/1 and also encroachment of fourth respondent on the eastern side of the petitioners property measuring 4 meters in Survey No.125/317, Sri Ganapathy Nagar Colony Extn.5, Panangottur Village, Maraimalai Nagar, Chengalpattu Taluk, Chengalpattu District, as per the survey report of second respondent Tahsildar, Chengalpattu Taluk issued to the third respondent on 20.10.2022.

For the Petitioner : Mr.C.Kanagarajan For the Respondents : Mrs.R.Anitha Special Government Pleader for R1 & R2 Mr.P.Srinivas for R3 No Appearance for R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.C.Kanagarajan, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader for the first and second respondents and Mr.P.Srinivas, learned counsel for the third respondent.

2. Learned counsel for the petitioner submits that encroachment has been made by the fourth respondent on his private property and also on the public road.

3. As far as encroachment on the private property is concerned, this Court would not entertain the writ petition under Article 226 of the Constitution. We would only entertain the petition if the encroachment alleged is on the public road.

4. Learned Special Government Pleader submits that on 28.06.2023, survey would be conducted and further steps would be taken as per the survey report.

5. In view of that, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 26.06.2023 Index :

Yes/No :

Yes/No drm To

1. The District Collector / DRO Chengalpattu District.

2. The Tahsildar Chengalpattu Taluk, Chengalpattu District.

3. The Commissioner Maraimalai Nagar Municipality Chengalpattu District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) 26.06.2023