Chandrasekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.No.16433 of 2022 Chandrasekar .. Petitioner Vs 1.The District Collector, District Collectorate, 2.The Revenue Divisional Officer, Kallakurichi & Taluk, 3.The Tahsildar, Chinnasalem Taluk, 4.The Block Development Officer, Block Development Office, Chinnasalem, 5.Kolanji 6.Sakaya Meri .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing respondents 1 to 4 to consider the petitioner's representation dated 4.4.2022 by removing the encroachments made upon in the Road (20 feet Pathai) situated Survey No.130/6B, Karadichittur Village, Chinnasalem Taluk, Kallakurichi District.

For the Petitioner : Mr.V.Gunasekar

For the Respondents : Mr.J.Ravindran Addl. Advocate General assisted by Mr.A.Selvendran Spl. Government Pleader for respondent Nos.1 to 3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed seeking removal of encroachments made in the Road (20 feet Pathai) situated Survey No.130/6B, Karadichittur Village, Chinnasalem Taluk, Kallakurichi District. It is alleged that the private respondents encroached upon the said land and have put up a construction.

2. A perusal of the photographs at page 31 shows the existence of road and an old construction on the side. It is not known as to why the petitioner did not file a suit for injunction when the construction was started, if it was after encroaching the road. Moreover, the petitioner has not explained the delay in filing the writ petition.

3. That apart, the writ petitioner is residing in the same locality where the encroachment is said to have been made and, therefore, he was well aware of the construction being raised by the private respondents. However, the petitioner did not take any steps to initiate litigation then and there, but has filed this petition without explaining the delay.

In the light of the aforesaid, we dismiss the writ petition. There will be no order as to costs.

Sd/- Assistant Registrar(CS-IV) // True Copy // Sub Assistant Registrar Sasi To:

1.The District Collector, District Collectorate,

2.The Revenue Divisional Officer, Kallakurichi & Taluk, 3.The Tahsildar, Chinnasalem Taluk, 4.The Block Development Officer, Block Development Office, Chinnasalem, +1cc to the Government Pleader SR.No.41928, 42016 W.P.No.16433 of 2022 SJ(CO) CB(08/07/2022)