A.A.V.Arulrajesh v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI W.P.No.12567 of 2025 A.A.V.Arulrajesh Petitioner vs.
1.
The District Collector Office of Collectorate The Revenue Divisional Officer RDO Office Sendhamangalam The Tahsildar Sendhamangalam The Chief Engineer Highways Department Construction and Maintenance Chennai 600 025 The Assistant Divisional Engineer Highways Department Sendhamangalam 6.
The Chief Engineer (NABARD & Rural Roads) Highways Department Chennai 600 025 Page Nos.1/6
7.
The Assistant Director District Survey Office Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to remove all encroachments on the Medharamadhevi-Salappalayam Road, spanning to 2.05 kilometers, particularly in the residential area of road route. For petitioner Mr. Salai Varun For respondents Mr. M.S. Arasakumar Government Advocate
ORDER
[made by K. GOVINDARAJAN THILAKAVADI, J.] The case of the writ petitioner is that he is a resident of Mudugapatti Village, Sendamangalam Taluk, Namakkal District and he is also a former Panchayat President; there are encroachments along Medharamadevi - Salappalayam Road spanning to a little over 2 kms., particularly in the residential area on the road route; he travels on a daily basis in Medharamadevi - Salappalayam Road; the encroachments on the said road, besides creating traffic snarls and posing safety hazards, make travel nightmarish; several representations addressed by him to authorities concerned have not Page Nos.2/6
borne fruition; hence, this writ petition seeking a mandamus to the respondents to remove the encroachments on Medharamadevi - Salappalayam Road, particularly in the residential area in the said route.
Issue notice to respondents.
Mr. M.S. Arasakumar, learned Government Advocate, accepts notice for all seven respondents and submits, on instructions, that a survey will be conducted in Medharamadevi - Salappalayam Road and if any encroachment is found, necessary action will be taken under appropriate/applicable statute.
Recording the aforesaid submission of the learned Government Advocate, we pass the following order: i.
R3 (Tahsildar) shall conduct a survey within a period of eight weeks i.e., by 03.06.2025, of course, after putting on notice, the writ petitioner as well as alleged encroachers and draw up a survey report;
Page Nos.3/6
ii. needless to state that if any representation is received from alleged encroachers, the same shall be considered on its own merits and in accordance with law; and iii. if encroachments are found in the survey, proceedings shall be initiated under applicable / appropriate statute within a period of four weeks from 03.06.2025, i.e., by 01.07.2025.
With the above directions, this writ petition stands disposed of. No costs.
(M.S., J.) (K.G.T., J.) 08.04.2025 cad Index :
Yes/No NC :
Yes/No Page Nos.4/6
To 1.
The District Collector Office of Collectorate The Revenue Divisional Officer RDO Office, Sendhamangalam The Tahsildar Sendhamangalam The Chief Engineer Highways Department Construction and Maintenance Chennai 600 025 The Assistant Divisional Engineer Highways Department Sendhamangalam 6.
The Chief Engineer (NABARD & Rural Roads) Highways Department Chennai 600 025 7.
The Assistant Director District Survey Office Page Nos.5/6
M.SUNDAR, J.
and K. GOVINDARAJAN THILAKAVADI, J.
cad 08.04.2025 Page Nos.6/6