N.Ramadass v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA N.Ramadass ..

Petitioner Vs.

1. The Commissioner Virudhachalam Municipality Office of the Commissioner Virudhachalam Taluk Cuddalore District.

2. Revenue Divisional Officer Virudhachalam Taluk Office of the Revenue Divisional Officer Virudhachalam Cuddalore District.

3. The Tahsildar Virudhachalam Office of the Tahsildar Virudhachalam Taluk Cuddalore District.

4. The Town Surveyor Office of the Town Surveyor Virudhachalam Municipality Virudhachalam, Cuddalore District.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari to call for the records in connection with the impugned order viz. Notice in Encroachment No.4/2022 dated 08.06.2022 of the first respondent and quash the same. For the Petitioner : Mr.A.S.Balaji For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondent-1 Mr.J.Ravindran Additional Advocate General Assisted by Mr.A.Selvendran Special Government Pleader for Respondents 2 to 4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed challenging the notice dated 08.06.2022 whereby the petitioner was asked to remove the encroachment on the Government road of an area of 6x3 meters.

2. The petitioner has referred to the patta of the land where

his ancestors resided for the last 80 years and submitted that they have not encroached the government road.

3. Learned Additional Advocate General submits that the notice is not to remove the possession of the petitioner from the patta land, but to remove the possession of the petitioner only to the extent of encroachment of the government road.

4. We have considered the rival submissions and find that the petitioner is having patta for the land.

5. The issue now is whether the petitioner has gone beyond the boundaries of the patta land and encroached the land of the government road. The issue aforesaid can be determined only by causing a survey and considering the objection made by the petitioner.

6. In view of the above, the writ petition is disposed of with a direction to the respondents to cause survey of the land to

determine the boundaries of the government road and if it is found that the petitioner has encroached any part of the government road, then they would remove it. Let the aforesaid exercise be taken within a month. There will be no order as to costs. Consequently, WMP No.17080 of 2022 is closed.

(M.N.B., CJ.) (N.M., J.) 13.07.2022 Index : Yes/No kpl To:

1. The Commissioner Virudhachalam Municipality Office of the Commissioner Virudhachalam Taluk, Cuddalore District.

2. Revenue Divisional Officer Virudhachalam Taluk Office of the Revenue Divisional Officer Virudhachalam, Cuddalore District.

3. The Tahsildar Virudhachalam Office of the Tahsildar Virudhachalam Taluk, Cuddalore District.

4. The Town Surveyor Office of the Town Surveyor Virudhachalam Municipality Virudhachalam, Cuddalore District.

M.N.BHANDARI, CJ AND N.MALA,J.

(kpl) 13.07.2022