M/S. Vasantha Nagar Residents v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2019
CORAM
THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.1290 of 2018 M/s.Vasantha Nagar Residents Welfare Association Rep. by its President, C.Rajeshkumar Plot No.6, Vasantha Nagar Koliyanur Post Villupuram Town and Taluk.
.. Petitioner Vs.
1 The District Collector Villupuram Distirct Villupuram.
2 The Revenue Divisional Officer Villupuram Distirct Villupuram.
3 The Tahsildar Villupuram Distirct Villupuram.
4 The Commissioner Villupuram Municipality Villupuram.
5 P. Sujanmal Bhora 6 Rathanchand Bhora 7 Kannayiram .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing respondents 1 to 4 or their subordinates to remove the encroachment made by the respondents 5, 6 and 7 in Survey No.149/2, 53 and 144 respectively situate at Vasantha Nagar, Panampattu Village, Koliyanur Panchayat Union, Villupuram Taluk and District, which are classified as 40 feet road and Vaikkal Poramboke based on the representation of the petitioner society dated 10.1.2018 forthwith.
For Petitioner : Mr.C.Prabakaran for M/s.D.S.Thiruma Valavan For Respondents : Mr.V.Jayaprakash Narayanan Government Pleader (i/c.) for respondents 1 to 3 Mr.P.Srinivas for 4th respondent Dr.A.Thiyagarajan Senior Counsel for Ms.A.Vinupradha for 6th respondent 5th respondent - Died 7th respondent - Refused
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) Heard Mr.C.Prabakaran, learned counsel for the petitioner; Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.) for respondents 1 to 3; Mr.P.Srinivas, learned counsel for the fourth respondent; and Dr.A.Thiyagarajan, learned Senior Counsel for the sixth respondent.
2. The prayer of the petitioner is that direction be issued to respondents 1 to 4 or their subordinates to remove encroachment made by respondents 5, 6 and 7 in Survey No.149/2, 53 and 144 respectively situated at Vasantha Nagar, Panampattu Village, Koliyanur Panchayat Union, Villupuram Taluk and District, which are classified as 40 feet road and Vaikkal Poramboke.
3. The learned counsel for the petitioner submitted that as far as the seventh respondent is concerned, the encroachment made by him has been removed. He, however, submitted that the encroachment put up by the sixth respondent, who is the son of the fifth respondent, has not been removed.
4. The learned Government Pleader (i/c.) has tendered a status report dated 18.3.2019 in which it is clearly stated that all the encroachments were cleared and there is no encroachment in any of the survey numbers as alleged by the petitioner.
In view of the averments in the status report, no further orders are necessary at this stage. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar sasi To:
1 The District Collector Villupuram Distirct Villupuram.
2 The Revenue Divisional Officer Villupuram Distirct Villupuram.
3 The Tahsildar Villupuram Distirct Villupuram.
4 The Commissioner Villupuram Municipality Villupuram.
+1 cc to Mr.M.Nallathambi, Advocate, S.R.No.26958 +1 cc to Mr.P.Srinivas, Advocate, S.R.No.27363 +1 cc to the Government Pleader, S.R.No.27212 W.P.No.1290 of 2018 SSV(CO) SSM(09/04/2019).