M.Ramesh v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MRS.JUSTICE PUSHPA SATHYANARAYANA W.P. No.40670 of 2015 and M.P.No.1 of 2015 M.Ramesh .. Petitioner -vs1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, Mettur Division, Mettur Dam, Salem District.

4.The Thasildar, Mettur Taluk, Mettur Dam, Salem District.

5.The Revenue Inspector, Pottaneri Pirkka, Pottaneri, Mettur Taluk, Salem District.

6.The Village Administrative Officer, Konur East Village, Mettur Taluk, Salem District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to remove all the encroachments in the Specified Panchayath Road situated in S.No.486 at Mettutanappatti, Aandikarai Post, Konur East Village, Mettur Taluk, Salem District.

For Petitioner :

Mr.G.K.Sekar

For Respondents :

Mr.S.T.S.Murthi, Govt. Pleader, assisted by Mr.V.R.Kamalanathan, Addl.G.P.

and Mr.V.Shanmuga Sundar, G.A.

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The allegation of the petitioner is that the original width of a road measuring 36 feet has been reduced by almost 8 feet through process of encroachment - it being the Panchayat road situated in Survey No.486 at Mettutanappatti, Aandikarai Post, Konur East Village, Mettur Taluk, Salem District. representation is stated to have been addressed on 12.01.2015, which has elicited no response for about a year, though acknowledged by the Tahsildar / 4th respondent. 2.In view of the aforesaid facts and circumstances, we call upon the fourth respondent to carry out a survey of the area to verify the width of the road, the extent of encroachments, etc., within one (1) month of the receipt of this order and to submit a report to the District Collector / the first respondent.

In case encroachments are found as per the report of the Tahsildar, the first respondent will take necessary action within a period of three (3) months of the receipt of the report, after notice to all concerned. Intimation should be sent to the petitioner about compliance of both the cut-off dates.

3.Writ Petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2015 stands closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sra To 1.The District Collector,

2.The District Revenue Officer, 3.The Revenue Divisional Officer, Mettur Division, Mettur Dam, Salem District.

4.The Thasildar, Mettur Taluk, Mettur Dam, Salem District.

5.The Revenue Inspector, Pottaneri Pirkka, Pottaneri, Mettur Taluk, Salem District.

6.The Village Administrative Officer, Konur East Village, Mettur Taluk, Salem District.

+1 cc to Mr.G.K.Sekar,Advocate, sr.1 +1 cc to Government Pleader, sr.150 W.P.No.40670 of 2015 msm co kra 18.01.2016