M.Prakash v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.28021 of 2014 M.Prakash .. Petitioner -vs1.The District Collector, Villupuram District.

2.The Revenue Divisional Officer, Kallakurichi, Villupuram District.

3.The Thasildhar, Sangarapuram Taluk, Villupuram District.

4.Ramachandran 5.Ananth 6.Muniyammal 7.Subramaniyan 8.Chellammal 9.Muniyan .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct 1st to 3rd respondents to consider the petitioner's representation dated 28.03.2014 in accordance with law within the time stipulated by this Court, consequently direct the 1st to 3rd respondents to remove the encroachment on the common pathway in survey no.321/37 situated at South Street, Pallagacheri Post, Sangarapuram Taluk, Villupuram District.

For Petitioner :

Mr.S.Mohamed Ansar For Respondents :

Mr.T.N.Rajagopalan Spl.G.P. For RR 1 to 3 :

Mr.P.Valliappan for RR 4 to 6

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) On the Firka Surveyor Rishivanthiyam and the Revenue Inspector, Rishivanthiyam, carrying out the survey of the land, the allegation of the petitioner of encroachments by private respondents have been found to be correct in the following manner:- Sl.No .

Natham Suvey No.

Extent of encroached land (in sq.m) Name of the encroachers Kind of encroachemnt 1.

321/37 00008 Ananthan, S/o Chinnapaiyan RCC Building 2.

321/37 00004 Muniyammal, S/o.Mayavan (the 6th respondent herein) RCC Building 3.

321/37 00007 Ramachandran, S/o.Annamalai (the 4th respondent herein) RCC Building 4.

321/37 00017 Rajamani, S/o.Arasan Kadakal 5.

321/37 00011 Muniyan, S/o.Pavadai (the father of petitioner herein) Dwell house 2.The aforesaid is pursuant to the joint inspection on 04.10.2014, but it appears that no action has been taken. 3.Learned counsel for respondents 2 and 3 undertakes to the Court on their behalf that any existing encroachments would be removed within a maximum period of two (2) months from the date of receipt of the order.

4.The aforesaid statement is taken on record and the respondents shall remain bound by the same.

5.Writ petition stands disposed of. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sra To 1.The District Collector, Villupuram District.

2.The Revenue Divisional Officer, Kallakurichi, Villupuram District.

3.The Thasildhar, Sangarapuram Taluk, Villupuram District.

+1cc to Mr.P. Valliappan, Advocate, S.R.No.65351 +1cc to the Government Pleader, S.R.No.64981 sai(CO) md(28/11/2016) W.P.No.28021 of 2014