K.Rajendran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.07.2021 CORAM :
THE HON'BLE MR.JUSTICE N.KIRUBAKARAN and THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI W.P.No.14474 of 2021 and W.M.P.No.15357 of 2021 K.Rajendran
...Petitioner
Vs.
1.The District Collector, Cuddalore District, Cuddalore.
2.The Sub Collector, Office of the Sub Collector, Cuddalore District.
3.Virudhachalam Municipality, Rep. By its Commissioner, Virudhachalam, Cuddalore District.
4.The Tahsildar, Virudhachalam, Cuddalore District.
5.R.Jaya
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of mandamus directing the Respondents 1 to 4 to forthwith remove the illegal encroachment made by the 5th Respondent in the Pattai Road in T.S.No.8, Old Survey No.5, At Ward 'E', Block 50, Virudhachalam Town, Cuddalore District, by considering and passing necessary orders on the Representation of the Petitioner dated 11.06.2020.
For Petitioner : Mr.K.Selvaraj.
For Respondents : Mr.P.Balathandayutham, State Government Counsel for R1, R2 & R4.
: Mrs.R.Anitha, State Government Counsel for R3.
O R D E R
(Order of the Court was delivered by N.KIRUBAKARAN, J) The matter has been heard through "Video Conference". 2.The Petitioner contends that he is in possession of the property comprised in Old Survey No.6/8B (Part) at Ward 'E', Block 50, Virudhachalam Town, Cuddalore District, after getting patta. Abutting his property, there is a pathway in Old Survey No.5, New T.S.No.8 and only through the pathway, the Petitioner is having access to the property. When things stand so, the Private Respondent has put up a house and preventing the Petitioner from having ingress and egress to his property. In this regard, the Petitioner gave representation on 11.06.2020 to the official Respondents. Since no action has been taken, the Petitioner has come before this Court.
3.Heard Mr.K.Selvaraj, Learned Counsel for the Petitioner, Mrs.R.Anitha, Learned State Government Counsel for the Third Respondent and Mr.P.Balathandayutham, Learned State Government Counsel for First, Second and Fourth Respondents. Notice to the Fifth Respondent at this stage is not necessary and the same is dispensed with.
4.Considering the above facts and circumstances, the Third and Fourth Respondents are directed to make joint inspection of the property comprised in Old Survey No.5, New T.S.No.8 situated at Ward 'E', Block 50, Virudhachalam Town, Cuddalore District after giving notice to the Petitioner, Fifth Respondent and concerned parties and find out as to whether the Fifth Respondent has encroached the said pathway and if it is so, the Third and Fourth Respondents are directed to remove the encroachment, after following due process of law within a period of twelve weeks from the date of receipt of a copy of this order.
5.It is made clear that the Petitioner as well as the private Respondent and the parties concerned shall be given notices before taking any action and if any such action is taken without serving notices on the Petitioner and the private Respondents and the parties concerned, it will be deemed to be violation of Court order for which they are entitled to take contempt proceedings.
6.With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous Petition is closed.
7.Post the matter after twelve weeks for reporting compliance.
s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar ay To 1.The District Collector, Cuddalore District, Cuddalore.
2.The Sub Collector, Office of the Sub Collector, Cuddalore District.
3.The Commissioner, Virudhachalam Municipality, Virudhachalam, Cuddalore District.
4.The Tahsildar, Virudhachalam, Cuddalore District.
+1 CC to Mr.K.Selvaraj, Advocate, Sr 33820.
W.P.No.14474 of 2021 and W.M.P.No.15357 of 2021 GJ(CO) LS(11/08/2021)