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Madras High CourtWP/12381/2023disposed of

Kannagi v. The District Collector

2023-04-21Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Kannagi ...

Petitioner versus 1.The District Collector Villupuram District.

2.The District Revenue Officer, Villupuram District Villupuram.

3.The Block Development Officer, Melmalayanur, Melmalayanur Taluk, Villupuram District-604 208 4.The Tahsildar, Melmalayanur, Melmalayanur Taluk Villupuram District-604 208 5.The Panchayat President Melmalayanur Village, Melmalayanur post and Taluk Villupuram District-604 208 6.Navaneetham 7.C.Suresh 8.C.Vinoth 9.C.Viknesh 10.C.Selvam ...

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachment in Survey Nos.485/12C of Melmalayanur Village, and Melmalayanur Taluk,

Villupuram, and respondents 6 to 10 herein of removing hunt and restore the pathway based on petitioners representation dated 16.03.2023. For the Petitioner :

Mr.C.Umashankar For the Respondents :

Mr.P.Muthukumar, State Government Pleader, for respondents 1 to 4

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking a writ of mandamus directing respondents 1 to 4 to remove the encroachment in Survey Nos.485/12C of Melmalayanur Village and Melmalayanur Taluk, Villupuram, made by respondents 6 to 10 and remove the hut and restore the pathway based on petitioner's representation dated 16.03.2023.

2. According to the petitioner, he is a resident of Kolathu Street, Melmalayanur Villupuram District and near his residence, the famous Arulmighu Angalamman Temple, Melmalayanur is situate. It is the case of the petitioner that respondents 6 to 10 have put up a small shop like portion on the road margin, causing hindrance to road users and smooth flow of vehicles.

3. Mr.Uma Shankar, learned counsel for the petitioner in support of his prayer, demonstrated that there is an encroachment in the land covered in S.No.485/12C of Melmalayanur Village, Villupuram.

4. Mr.P.Muthukumar, learned State Government Pleader submits that the representation of the petitioner would be considered and action would be taken by the first respondent in six weeks' time.

5. Recording the submission of the learned State Government Pleader, the writ petition is disposed of directing the first respondent to conduct a survey, and if any encroachment is found, issue notice to the encroachers and remove the same. The entire exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 21.04.2023 Index : Yes/No : Yes/No tar To 1.The District Collector Villupuram District.

2.The District Revenue Officer, Villupuram District Villupuram.

3.The Block Development Officer, Melmalayanur, Melmalayanur Taluk, Villupuram District-604 208 4.The Tahsildar, Melmalayanur, Melmalayanur Taluk Villupuram District-604 208 5.The Panchayat President Melmalayanur Village, Melmalayanur post and Taluk Villupuram District-604 208

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 21.04.2023