Muthavali, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.11.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP No.19901 of 2019 WP No.20742 of 2019 Muthavali, Rasipuram East Street, Majith Sunath Jamath, Thiru.D.K.Hussain, No.23, Santhi Veera Chetty Street, Rasipuram, Namakkal District 673 408.
.. Petitioner -vs- Namakkal District, Namakkal.
2. The District Revenue Officer, Namakkal District, Namakkal.
3. The Divisional Revenue Officer, Namakkal Revenue Division, Namakkal District, Namakkal.
4. The Tahsildhar, Rasipuram Taluk,
5. The Municipal Commissioner,
6. Ashokan
7. Gopal
8. Velumani
9. Vanaja 10.V.Baskaran .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 5 to take appropriate action as per G.O. (Ms.) No.540 dated 04.12.2014 to remove the entire encroachments in the Government Road Poramboke land measuring 0-675.0 sqr.mtr. Which is situated in T.S.No.130 of Rasipuram Town, Rasipuram Taluk, Namakkal District forthwith by considering the petitioner's representation dated 16.05.2019. For the Petitioner :
Mr.A.Ilaya Perumal For the Respondents :
Mr.K.Karthik Jagannath Government Advocate for RR 1 to 4 :
P.Srinivas for R-5 :
Mr.Ma.P.Thangavel for RR 6, 7, 9 and 10 :
No appearance for R-8 W.P.No.7107 of 2019 V.Baskaran .. Petitioner -vs- Collectorate, Namakkal District.
2. The Tahsildar,
3. Rasipuram Chinna Masjid Sunnath Jamathi Rep. by Muthavalli, Kadhar Sahib Street, Rasipuram Municipal Town, Rasipuram, Namakkal District.
4. The Commissioner, (Impleaded as per order of Court dt.15.11.2023 made in WMP.13489/2019) .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 2 to remove the encroachments made by the 3rd rsepondent and its agents, servants or any other persons claiming through them in T.S.No.130, which is a public pathway in Kadhar Saibu Street situated in Rasipuram Municipal Town, Namakkal District by considering the petitioner's representation dated 27.12.2018. For the Petitioner :
Mr.Ma.P.Thangavel For the Respondents :
Mr.K.Karthik Jagannath Government Advocate for RR 1 and 2 :
Mr.A.Ilaya Perumal for R-3 :
P.Srinivas for R-4 * * * * *
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.A.Ilayaperumal, learned counsel for the petitioner in WP No.20742 of 2019 and Mr.Ma.P.Thangavel, learned counsel for the petitioner in WP.No.7107 of 2019, Mr.K.Karthik Jagannath, learned Government Advocate for the official respondents and Mr.P.Srinavas, learned standing counsel for the respondent Municipality.
2. In both the matters, encroachment is alleged as against the private respondents.
3. The counter-affidavits are filed regarding the existing encroachment. In view of that, the authorities shall proceed further to remove the encroachment if existing in accordance with law expeditiously. The procedures as laid down under the statute or the rules shall be adhered to. The steps shall be commenced by the authorities preferably within eight weeks from today. With this observation, the writ petitions are disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed.
(S.V.G., CJ.) (D.B.C., J.) 15.11.2023 Index : Yes/No : Yes/No sra
To Namakkal District, Namakkal.
2. The District Revenue Officer, Namakkal District, Namakkal.
3. The Divisional Revenue Officer, Namakkal Revenue Division, Namakkal District, Namakkal.
4. The Tahsildhar, Rasipuram Taluk,
5. The Municipal Commissioner,
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sra) 15.11.2023