A.Karthikeyan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1 A.Karthikeyan 2 V.Chandra Sekar 3 N.Viswanathan 4 V.Santhoshbabu 5 K.Sengottuvelan 6 A.Chakaravarthy 7 S.Azhakhiamanavalan 8 K.Muralidharan .. Petitioners Vs 1 The District Collector Salem District, Room No.101 First Floor, Collectorate Salem - 636 001.
2 The Revenue Divisional Officer Salem Revenue Division Salem - 636 001.
3 The Tahsildar Salem Taluk Manakkadu, Salem - 636 007.
4 The Commissioner Salem Corporation Salem - 636 001.
5 The Assistant Commissioner Salem Corporation Suramangalam Zone - I Salem - 636 005.
6 The Inspector of Police Shevapet Police Station Salem City District Salem - 636 002.
7 V.Subramani 8 S.Vadivel .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 5 to remove the encroachment and constructions made by respondents 7 and 8 in Chinnamaran Municipal Lane comprised in T.S.No.81, Block No 9, Ward AB, Salem Corporation and restore the said Lane for public use.
For the Petitioner : Mr.T.M.Hariharan For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 6
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) W.M.P.No.13348 of 2023 filed to permit the petitioners to file the writ petition jointly is allowed, subject to payment of separate set of court-fee by the petitioners within two weeks from the date of receipt of a copy of this order. In default of compliance, the order passed in the writ petition shall be applicable only to the first petitioner.
2. The petitioners have filed this writ petition seeking issuance of a writ of mandamus to direct respondents 1 to 5 to remove the encroachment and constructions made by respondents 7 and 8 in Chinnamaran Municipal Lane comprised in T.S.No.81, Block No 9, Ward AB, Salem Corporation and restore the said lane for public use.
3. Mr.T.M.Hariharan, learned counsel for the petitioners, would submit that respondents 7 and 8 have encroached upon the
Chinnamaran Municipal Lane comprised in T.S.No.81, Block No 9, Ward AB, Salem Corporation, and have put up unauthorised construction therein obstructing access of the local residents from both ends. In support of the submission that the land in question is classified as "Municipal Lane", learned counsel for the petitioner produced a copy of the Town Survey Land Register.
4. Learned counsel for the petitioners further submitted that although the representation made by the petitioners on 4.2.2021 has been forwarded by the first respondent to the second respondent and by the second respondent to third respondent, till date no action has been initiated by the respondent authorities. Hence, the petitioners have been advised to file the present writ petition.
5. Mr.P.Muthukumar, learned State Government Pleader appearing on behalf of respondents 1 to 6, submitted that, if four weeks' time is granted to the respondent authorities, they will conduct a survey of the land in question and thereafter remove the
encroachment.
6. Recording the aforesaid submission made by learned State Government Pleader, the writ petition is disposed of with a direction to the respondent authorities to conduct a survey of the land in question with the assistance of the jurisdictional Surveyor and, if any encroachment is found, the same shall be removed after notice to the encroachers. The entire exercise is to be completed within a period of four 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.) 28.04.2023 Index :
No No sasi
To:
1 The District Collector Salem District, Room No.101 First Floor, Collectorate Salem - 636 001.
2 The Revenue Divisional Officer Salem Revenue Division Salem - 636 001.
3 The Tahsildar Salem Taluk Manakkadu, Salem - 636 007.
4 The Commissioner Salem Corporation Salem - 636 001.
5 The Assistant Commissioner Salem Corporation Suramangalam Zone - I Salem - 636 005.
6 The Inspector of Police Shevapet Police Station Salem City District Salem - 636 002.
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) 28.04.2023