K.S.Vijaya Sanjayi v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.S.Vijaya Sanjayi .. Petitioner -vs1. The District Collector, District Collector Office, Sathuvachari, Vellore District - 632009.

2. The Sub-Collector, Sub-Collector Office, Thirupatthur - 635601.

3. The Tahsildar, Tahsildar Office, Vaniyambadi-635751.

4. The Commissioner, Vaniyambadi Municipality Office, Vaniyambadi-635752.

5.Udayakumar .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to take

appropriate action based on the petitioner's representation dated 18.03.2019 within a stipulated period of time. For the Petitioner :

Mr.Mahesh S.

For the Respondents :

Mr.K.Karthik Jagannath Government Advocate for RR 1 to 3 :

Mr.V.Jayaprakash Narayanan for R-4 :

Mr.J.Duraisamy for R-5 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.S.Mahesh, learned counsel for the petitioner, Mr.K.Karthik Jagannath, learned Government Advocate for respondent Nos.1 to 3, Mr.V.Jayaprakash Narayanan, learned counsel for respondent No.4 and Mr.J.Duraisamy, learned counsel for respondent No.5.

2. The contention of the petitioner appears to be that encroachment has been made by the 5th respondent on the public pathway.

3. The learned counsel for respondent No.4/Municipality submits that in the year 1970, resolution was passed by the Municipal Council, Vaniyambadi to issue No Objection Certificate to the predecessor of the 5th respondent. Sale deed is also executed in favour of respondent No.5 The respondent No.5 is paying property tax till date.

4. The learned counsel for the respondent No.4/Municipality submits that the Municipality would carry out a survey/inspection and if encroachment is found, further steps would be undertaken in accordance with law.

In view of the said statement, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 22.11.2023 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) To

1. The District Collector, District Collector Office, Sathuvachari, Vellore District - 632009.

2. The Sub-Collector, Sub-Collector Office, Thirupatthur - 635601.

3. The Tahsildar, Tahsildar Office, Vaniyambadi-635751.

4. The Commissioner, Vaniyambadi Municipality Office, Vaniyambadi-635752.

22.11.2023