Madras High CourtWP/16822/2018disposed of

K.Lakshmanaperumal, v. The Project Director,

2018-07-06Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.07.2018

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.No.16822/2018 K.Lakshmanaperumal ..

Petitioner

Versus

The Project Director National Highways Authority No.212-3/D3-1, Sri Nagar Colony Narasothipatty, Salem 636004.

The District Collector Salem District, Salem.

The Revenue Divisional Officer Salem District, Salem.

The Tahsildar Valapady, Salem District.

The Superintendent of Police Salem District, Salem.

The Deputy Superintendent of Police Valapady, Salem District.

The Inspector of Police Karipatti, Salem District.

Mr.Maduraiappan Mr.K.Rajendran ..

Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to remove the encroachments at Ayothiapattinam Village NH-68 [Old Road] Valapadi Taluk, Salem District in view of the petitioner representation dated 19.09.2015.

For Petitioner :

Mr.A.Esakiappan For R1 :

M/s.S.R.Sumathy For RR2 to 7 :

Mr.A.N.Thambidurai, Spl.GP

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.,] By consent, the writ petition is taken up for final disposal. M/s.S.R.Sumathy, learned counsel accepts notice on behalf of the 1st respondent and Mr.A.N.Thambidurai, learned Special Government Pleader accepts notice on behalf of the respondents 2 to 7. The present writ petition is filed as a Public Interest Litigation alleging that the respondents 8 and 9 for constructing "Samypatiyam" at Ayothiapatinam - NH 68 [Old Road], Valapady Taluk, Salem District and in this regard, the petitioner has submitted a representation dated 10.09.2015 and also invoked the jurisdiction of the Right to Information Act, 2005.

The learned counsel for the petitioner would submit that as per the communication of the 1st respondent dated 02.04.2018 in NHAI/PIU-SLM/NH-68/RTI Act/2018/504, the following reply has been furnished:- "After inspecting the site, it was observed highway boundary demarcation is not available in the said old NH-68 in Ayothiyapattinam village. Hence, the Tahsildar, Valapady has been requested vide this office letter dated 22.01.2016 to mark the NH boundaries of NH-68 [old] road in Ayothiyapattinam village, Valapadi Talu, to enable to take up eviction of encroachment and unauthorised occupation.

......

It is to state that after the boundaries marked by the Revenue Surveyors of Valapady Taluk, the encroachments if found, would be removed under intimation and coordination of local administration. Many times Police support is also required to remove the encroachments to tackle law and order problem or possible agitation." The learned counsel for the petitioner would submit that despite the said request, the 4th respondent is yet to cause survey and inspection for the purpose of marking the boundary so as to enable the

concerned authority to remove the encroachment and therefore, the petitioner is constrained to approach this Court by filing the present writ petition.

The Court heard the submissions of M/s.S.R.Sumathy, learned counsel appearing for the 1st respondent and Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents 2 to 7.

In the above facts and circumstances, the 4th respondent is directed to act on the communication of the 1st respondent dated 02.04.2018 and cause survey and inspection of National Highways boundaries of NH-68 [Old Road] in Ayothiyapattinam Village, Valapadi Taluk, Salem District, after putting the concerned persons including the respondents 8 and 9 on notice and the said exercise is to be carried out within a period of six weeks from the date of receipt of a copy of this order and the 4th respondent shall inform the result of the said survey and measurement to the 1st respondent within a period of four weeks thereafter and depending upon the report, the 1st respondent is directed to take action in accordance with law for removing the encroachment after putting them on notice and it is to be carried out within a further

period of eight weeks thereafter and the decision taken in that regard, shall be communicated to the petitioner ; respondents 8 and 9 as well as to the person/s concerned / encroachers, if any. The writ petition stands disposed of with the above direction. No costs.

[MSNJ] [GKIJ] 06.07.2018 Internet : Yes AP To The Project Director National Highways Authority No.212-3/D3-1, Sri Nagar Colony Narasothipatty, Salem 636004.