Madras High CourtWP/20925/2023disposed of

V.Chitra v. The District Collector

2023-07-17Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

1. V.Chitra

2. N.Maragatham

3. Dr.D.Muthukumarasamy

4. S.Chandrasekar ..

Petitioners Vs.

1. The District Collector District Collector's Office Coimbatore 641 018.

2. The Sub Collector Sub Collector's Office Pollachi 642 001.

3. The Tahsildar Tahsildar Office Pollachi 642 001.

4. The Commissioner Pollachi Municipality Palakkad Road Pollachi 642 001.

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to take necessary steps to remove the encroachment in the entrance of 40 feet road which forms the northern boundary of Plot Nos.2, 3, 4 and 6 bearing T.S.Nos.1307, 1306, 1305 and 261 formed in part of 10.98 acres in T.S.No.261 bearing T.S.Ward No.2 (as per Re-Survey T.S. Ward No.B, Block No.26) near "Jothi Nagar", Pollachi Town, Pollachi Taluk and to provide access to petitioners' house sites. For the Petitioners : Ms.S.Akila For the Respondents : Mrs.R.Anitha Special Government Pleader for Respondents 1 to 3 Mr.B.Anand for Respondent-4

ORDER

(Made by the Hon'ble Chief Justice) We have heard Ms.S.Akila, learned counsel for the petitioners, Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 to 3 and Mr.B.Anand, learned counsel for the fourth respondent.

2. Learned counsel for the petitioners submits that encroachment has been made by the third persons on the road. The road has been gifted to the Municipality by the owner of the property who had prepared the layout. In view of the encroachment, the ingress and egress is being affected of the petitioners and of the persons in the layout.

3. The persons allegedly encroaching the road are not parties before us. We cannot pass a positive order.

4. The petitioners have given a representation to the fourth respondent bringing to its notice the alleged encroachment. The fourth respondent may consider the said representation dated 19.04.2023 on its own merits and in accordance with law and may take suitable steps as may be permissible under law. The steps in accordance with law, including observance of Principles of Natural Justice, may be taken preferably within a period of nine months from

the date of receipt of a copy of this order.

5. The writ petition is disposed of. There will be no order as to costs. As the petitioners have paid separate sets of court-fee, W.M.P.No.20303 of 2023 stands allowed.

(S.V.G., CJ.) (P.D.A., J.) 17.07.2023 Index :

Yes/No :

Yes/No kpl To

1. The District Collector District Collector's Office Coimbatore 641 018.

2. The Sub Collector Sub Collector's Office Pollachi 642 001.

3. The Tahsildar Tahsildar Office, Pollachi 642 001.

4. The Commissioner Pollachi Municipality

Palakkad Road, Pollachi 642 001.

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

(kpl) 17.07.2023