K.Arunselvan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2020
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Writ Petition No.20715 of 2019 and WMP.No.19876 of 2019 K.Arunselvan ..Petitioner Vs
1. The District Collector, Thiruvarur
2. The Revenue Divisional Officer, Mannargudi, Thrivarur District.
3. The Tahsildar, Needamangalam Taluk Office, Needamangalam,
4. The Executive Officer, Needamangalam Town Panchayat, Needamangalam,
5. Jaleela Begum
6. Leelavathi ..Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 3 and 4 herein to remove the encroachment made by the respondents 5 and 6 in the public road comprised in Survey No.27/1 having an extent of 0.69.0 acres in Keezha Ratha Veethi, Needamangalam Village, Needamangalam Taluk, Thiruvarur District. For Petitioner : Mr.R.Rajesh Vivekananthan For Respondents : Mr.K.S.Suresh Government Advocate for R1 to R4 No appearance for R5 & R6
O R D E R
[Order of this Court was made by R.SUBBIAH, J] The petitioner has filed this Writ Petition seeking for issuance of a Writ of Mandamus to direct the respondents 3 and 4 herein to remove the encroachment made by the respondents 5 and 6 in the public road comprised in Survey No.27/1 having an extent of 0.69.0 acres in Keezha Ratha Veethi, Needamangalam Village, Needamangalam Taluk, Thiruvarur District. 2.
The learned counsel for the petitioner submitted that third and fourth respondents may be directed to remove the encroachment if any made by the respondents 5 & 6 in the public road comprised in Survey No.27/1 having an extent of 0.69.0 acres in Keezha Ratha Veethi, Needamangalam Village, Needamangalam Taluk, Thiruvarur District.
3.
Considering the limited submission made by the learned counsel for the petitioner, without going into the merits of the case, the respondents 3 & 4 are directed to take steps to remove the encroachment, if any made by the respondents 5 & 6 in the public road, comprised in Survey No.27/1, having an extent of 0.69.0 ares in Keezha Ratha Veethi, Needamangalam Village, Needamangalam taluk, Thiruvarur District and pass orders on merits and in accordance with law, after providing an opportunity of personal hearing to all the necessary parties. If the authorities find any encroachment, they shall proceed with the same and remove the encroachment. The entire exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.
4.
With the above direction, the writ petition is disposed of. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar dpq To
1. The District Collector, Thiruvarur
2. The Revenue Divisional Officer, Mannargudi, Thrivarur District.
3. The Tahsildar, Needamangalam Taluk Office, Needamangalam,
4. The Executive Officer, Needamangalam Town Panchayat, Needamangalam, +1cc to Mr.R.Rajesh Vivekananthan, Advocate, S.R.No.7075 +1cc to the Government pleader, S.R.No.7658 Writ Petition No.20715 of 2019 and WMP.No.19876 of 2019 MP(CO) All KKV/08/09/2020