Madras High CourtWP/25676/2016disposed of

M.S.Shanmugasundaram v. The District Collector,

2016-07-22Honourable Mr Justice Huluvadi G. Ramesh,Honourable Mr Justice M.V. Muralidaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G. RAMESH and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Writ Petition No.25676 of 2016 M.S.Shanmugasundaram ... Petitioner Vs.

1. The District Collector Office of the District Collector N.H.205, Jaya Nagar Thiruvallur-602 001

2. The District Revenue Officer Thiruvallur District N.H.205, Jayanagar Thiruvallur-602 001

3. The Revenue Divisional Officer O/o. Revenue Divisional Officer Ambattur Division West Anna Nagar Thirumangalam, Chennai-600 101

4. A.Sowmya Narayanan ... Respondents Writ Petition filed under Article 226 of the Consitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to take action to remove the encroachment and illegal construction made by the 4th respondent on the 20 feet width public road and canal comprised in Survey No.267, situate at 1st street, Balaji Nagar, Korattur (R.S), Chennai-600 076, based on the representation of the petitioner dated 04.04.2016, and followed by the reminder dated 18.04.2016, under Tamil Nadu Land Encroachment Act, 1905.

For Petitioner : Mr.Ravichandran Sundaresan For Respondents : Mrs.A.Srijayanthi, Special Government Pleader for R1 to R3.

ORDER

(ORDER of the Court was made by HULUVADI G. RAMESH,J.) Heard the learned counsel for the Petitioner and Mrs.A.Srijayanthi, learned Special Government Pleader, who accepts notice for respondents 1 to 3.

2. In the Writ Petition, it is averred that some illegal construction has been made by the 4th respondent on the public road and canal and thereby, the entire width of the 20 feet road was completely blocked from Balaji Nagar Post Office to Pillaiyar Koil Street, Korattur, and the said illegal encroachment of the 4th respondent is causing serious problem like stagnation of rain water etc. The Writ Petitioner, in this connection, is stated to have submitted a representation to respondents 1 to 3 on 04.04.2016, but there was no action till date.

3. The learned counsel for the Petitioner submits that a direction may be issued to respondents 1 to 3 to take action and to remove the encroachment on the illegal construction made by the 4th respondent.

4. Taking into consideration the above facts, the respondents 1 to 3 are directed to consider the representation of the petitioner dated 04.04.2016 and take necessary action, after conducting survey and a detailed enquiry, within 2 months from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar nvsri To

1. The District Collector Office of the District Collector N.H.205, Jaya Nagar Thiruvallur-602 001

2. The District Revenue Officer Thiruvallur District N.H.205, Jayanagar Thiruvallur-602 001.

3. The Revenue Divisional Officer O/o. Revenue Divisional Officer Ambattur Division West Anna Nagar Thirumangalam, Chennai-600 101 +1cc to Mr.Ravichandran Sundaresan, Advocate, S.R.No.41746 +1cc to the Government Pleader, S.R.No.41938 W.P.No.25676 of 2016 GR(CO) CA(08/08/2016)