Dr.V.Santhosh v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.05.2023 CORAM :

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HON'BLE MR. JUSTICE C. SARAVANAN WRIT PETITION NO.14668 OF 2023 AND WMP NO.14149 OF 2023 Dr.V.Santhosh .. Petitioner

Versus

1.The District Collector Salem District Salem - 636 001.

2.The Assistant Director of Town Panchayat Assistant Director of Town Panchayat Office District Collectorate, Salem District - 636 001.

3.The Revenue Divisional Officer Attur Sub Division, Salem District - 636 001.

4.The Tahsildar Thalaivasal Taluk, Salem District - 636 112.

5.The Executive Officer Veeraganur Town Panchayat Veeraganur Post, Thalaivasal Taluk, 1/6

Salem District - 636 116.

6.The Deputy Superintendent of Police Attur Sub Division Salem District - 636 102.

7.Mr.C.Muthusamy .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 4 and 5 to remove the illegal encroachment from the Government land as the Tar road as well as drainage canal of the same road in Survey Nos.354/3, 356/3, 659/18, 660/1, 669/15, 670/4 & 5 situated at the revenue village of Veeraganur North, Thalaivasal Taluk, Salem District to enable the petitioner and the public to use the road an agricuture purpose and execute the order or memo issued by the respondents 2 and 3 dated 23.02.2023 and 31.03.2023. For Petitioner :

Mr.T.Velu For Respondents :

Mr.J.Ravindran 1 to 6 Additional Advocate General assisted by Mr.A.Selvendran Additional Government Pleader

ORDER

A.D.JAGADISH CHANDIRA, J.

and C.SARAVANAN, J.

This Writ Petition has been filed for a Mandamus, directing the respondents 4 and 5 to remove the illegal encroachment from the Government Land and the Tar road as well as drainage canal of the same road in Survey Nos.354/3, 356/3, 659/18, 660/1, 669/15, 670/4 & 5 situated at the revenue village of Veeraganur North, Thalaivasal Taluk, Salem 2/6

District to enable the petitioner and the public to use the road for agricutural purpose and to execute the order or memo issued by the respondents 2 and 3 dated 23.02.2023 and 31.03.2023.

2. Heard the submissions made by the learned counsel for the petitioner and the learned Additional Advocate General assisted by the learned Additional Government Pleader.

3. By consent, the writ petition is taken up for final disposal at the admission stage itself.

4. Considering the limited prayer sought for in this Writ Petition, without going into the merits of the case, this Writ Petition is disposed by directing the fourth respondent to consider representation of the petitioner dated 21.02.2023 and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

[A.D.J.C., J.] [C.S.N., J.] 04.05.2023 3/6

Index : Yes / No AV/TK To 1.The District Collector Salem District Salem - 636 001.

2.The Assistant Director of Town Panchayat Assistant Director of Town Panchayat Office District Collectorate, Salem District - 636 001.

3.The Revenue Divisional Officer Attur Sub Division, Salem District - 636 001.

4.The Tahsildar Thalaivasal Taluk, Salem District - 636 112.

5.The Executive Officer Veeraganur Town Panchayat Veeraganur Post, Thalaivasal Taluk, Salem District - 636 116.

6.The Deputy Superintendent of Police Attur Sub Division Salem District - 636 102.

4/6

A.D.JAGADISH CHANDIRA, J.

AND C. SARAVANAN, J.

AV/TK WRIT PETITION NO.14668 OF 2023 AND WMP NO.14149 OF 2023 5/6

04.05.2023 6/6