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Madras High CourtWP/17895/2023disposed of

T.Vijayakumar v. The Secretary To Government

2023-08-14Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU T.Vijayakumar ..

Petitioner Vs.

1. The Secretary to Government State Highways Department Fort St. George Chennai 600 009.

2. The Collector The Collectorate of Tiruvallur Tiruvallur District.

3. The Divisional Engineer State Highways Department Tiruvallur District.

4. The Sub Divisional Engineer State Highways Department Ponneri, Tiruvallur District.

5. The Tahsildar Ponneri Taluk Ponneri 601 204.

6. Mahalingam

7. Balaraman ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 5 to remove the encroachment comprised in S.No.227 of Alamathi Village, Ponneri Taluk, Tiruvallur District lying in Red Hills - Tiruvallur Highways which belong to State Highways Department within stipulated time fixed by this Hon'ble Court.

For the Petitioner : Mr.R.Rajesh For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondents 1 to 5 Mr.P.Amarnath for Respondent-7 Not ready in notice - for Respondent-6

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Rajesh, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, assisted by

Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 to 5 and Mr.P.Amarnath, learned counsel for the seventh respondent.

2. According to learned counsel for the petitioner, S.No.227 is a pathway and encroachment has been made on the same.

3. Learned Special Government Pleader, on instructions received from the Assistant Divisional Engineer (H), Construction and Maintenance, Ponneri Sub-Division, submits that notice was issued to the encroachers on 20.07.2023 to remove the encroachments on their own or else it would be removed. On that day, police protection was not available. A letter has been addressed to the Assistant Commissioner of Police to fix a date and provide sufficient protection for removal of encroachment.

4. Steps are being undertaken. The respondent authorities shall abide by the provisions of law while taking further steps.

5. The alleged encroachers may file their reply if they are so

advised and as may be permissible under law.

6. The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 14.08.2023 Index :

Yes/No :

Yes/No kpl To

1. The Secretary to Government State Highways Department Fort St. George, Chennai 600 009.

2. The Collector The Collectorate of Tiruvallur Tiruvallur District.

3. The Divisional Engineer State Highways Department Tiruvallur District.

4. The Sub Divisional Engineer State Highways Department Ponneri, Tiruvallur District.

5. The Tahsildar Ponneri Taluk, Ponneri 601 204.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 14.08.2023