L.R.C.Ravishankar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE K.RAJASEKAR L.R.C.Ravishankar ... Petitioner Vs.

1. The District Collector, Collectorate, Salem.

2. The Tahsildar, Attur Taluk Office, Attur Taluk & Post,

3. The Commissioner, Attur Municipality, Attur Town & Taluk,

4. Sellappan

5. A.P.Arumugam

6. Ganapathy ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent 1 to 3 herein to remove the encroachment made by the 4 to 6 respondents as per proceedings of the 3rd respondent dated 30.03.2019 made in O.M. No.1419/2019 which is

situated in Ward No.D Block No.7 bearing T.S.No.12 and Old S.No.468/3 which is classified as Pathway (Marimuthu Road), Mahalakshmi Nagar, which is situated in Attur Town and Taluk, Salem District, within a time frame as fixed by this Honorable Court.

For Petitioner : Mr.M.Sudan For R1 to R3 : Mr.A.Selvendran, Special Government Pleader For R4 & R6 : Not ready in notice For R5 : Deceased

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Petition has been filed for directing the respondent 1 to 3 herein to remove the encroachment made by the 4 to 6 respondents as per proceedings of the 3rd respondent dated 30.03.2019 made in O.M. No.1419/2019 which is situated in Ward No.D Block No.7 bearing T.S.No.12 and Old S.No.468/3 which is classified as Pathway (Marimuthu Road), Mahalakshmi Nagar, which is situated in Attur Town and Taluk,

2. The learned counsel for the writ petitioner would submit that encroachments were already identified and the Tahsildar, Attur passed an order vide proceedings dated 30.03.2019. Despite the proceedings, no action was taken to evict the encroachers. Thus, the present Writ Petition came to

be instituted.

3. Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents 1 to 3 relying on the letter dated 17.02.2024 sent by the Tahsildar, Attur would submit that the encroachments are already identified and in the event of any direction, all the encroachments will be removed.

4. In view of the said submission, the respondents 1 to 3 are directed to remove all the street encroachments, if necessary, with the assistance of the police within a period of six weeks from the date of receipt of a copy of this order.

5. With this direction, the Writ Petition stands disposed of. No costs.

(S.M.S.,J.) (K.R.S.,J.) 21.02.2024 skr Index : Yes Speaking order To

1. The District Collector, Collectorate, Salem.

S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

skr

2. The Tahsildar, Attur Taluk Office, Attur Taluk & Post,

3. The Commissioner, Attur Municipality, Attur Town & Taluk, 21.02.2024