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Madras High CourtWP/13838/2022disposed of

E.Mohan v. The District Collector

2024-02-20Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY E.Mohan .. Petitioner

Versus

1. The District Collector, Salem District, Salem.

2. The Revenue Divisional Officer, Salem District, Salem.

3. The Tahsildar, Salem West, Salem District.

4. P.Rajendiran .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment / erections of iron pipes by the 4th respondent in the public road at Reddiyur Narasothipatty to Kurangu Chavadi, situated in Survey 1/4

No.46/4 of Narasethipatti, Reddiyur, Salem District on the basis of the petitioner's representation, dated 09.03.2020. For Petitioner : Mr.N.Vijay Basker, for M/s.Law Vision For Respondents : Mr.T.K.Saravanan, Government Advocate for RR-1 to 3 : Mr.T.S.Vijaya Raghavan, for R4

ORDER

(Order of the Court is made by the Hon'ble Chief Justice) Heard Mr.N.Vijaya Basker, learned Counsel for the petitioner; Mr.T.K.Saravanan, learned Government Advocate for the respondent Nos.1 to 3 and Mr.T.S.Vijaya Raghavan, learned Counsel for the fourth respondent.

2. The learned Government Advocate submits that the municipality has passed a resolution prohibiting heavy vehicles on the subject road. The decision of the municipality prohibiting heavy vehicles on the subject road is not under the challenge. In view of that, as on date, heavy vehicles are not permitted to enter the subject road.

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3. It is for the aggrieved person to challenge the decision of the municipality prohibiting the entry of heavy vehicles on the subject road.

4. In view of the above, this Writ Petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 20.02.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The District Collector, Salem District, Salem.

2. The Revenue Divisional Officer, Salem District, Salem.

3. The Tahsildar, Salem West, Salem District.

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

grs 20.02.2024 4/4