Madras High CourtWP/18888/2025disposed of

N. Senbhagam v. The District Collector

2025-05-21Honourable Mr Justice G. R. Swaminathan,Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025 CORAM :

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN N.Senbhagam ... Petitioner Vs.

1.The District Collector Namakkal District District Collectorate, Namakkal 2.The Revenue Divisional Officer Tiruchengode Revenue Division Tiruchengode, Namakkal District 3.The Tahsildar Tiruchengode Taluk Tiruchengode, Namakkal District 4.Vijayakumar 5.Natanasabapathy 6.Palaniyappan 7.Murugesan 8.Appusamy 9.Krishnamoorthy ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India,

praying for the issuance of Writ of Mandamus, directing the respondents 1 to 3 herein to consider the representation dated 27.12.2024 seeking to remove the encroachments made by the respondents 4 to 9 herein in the cart track comprised in S.Nos.93/2, 94/2 and 95/2 of A.Erayamangalam Village, Tiruchengode Taluk, Namakkal District and to restore the cart track within a time frame that may be fixed by this Court. For Petitioner : Mr.T.L.Thirumalaisamy For Respondents : Mr.K.Suresh

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J.) Heard the learned counsel for the petitioner and learned Additional Government Pleader for the official respondents. Issuance of notice to the private respondents dispensed with.

2.According to the writ petitioner, the petition mentioned Survey numbers have been classified as cart track and that the private respondents are obstructing the right of the petitioner to pass through the same.

3.Learned Additional Government Pleader is not sure if these survey numbers have actually been classified as cart track. We therefore consciously refrain from going to the merits of the matter. The petitioner has given a representation dated 27.12.2024. We direct the 3rd respondent to conduct enquiry on the petitioner's representation after issuing notice to all the interested persons including the private respondents herein. If the results of the enquiry reveal that a cart track has been encroached upon, the same shall be removed by adhering to due process of law. The entire exercise shall be completed within a period of four (4) months from the date of receipt of a copy of this order. 4.This Writ Petition stands disposed of accordingly. No costs. [G.R.S, J.] [V.L.N, J.] 21.05.2025 kas Index: Yes / No G.R.SWAMINATHAN, J.

AND V.LAKSHMINARAYANAN, J.

kas To.