S.Sakthi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM W.P.NO.22391 OF 2021 S.Sakthi
...Petitioner
Vs.
1. The District Collector, Thiruvannamalai District, Thiruvannamalai.
2. The Superintending Engineer, National Highways, Vazhudhareddy, Trichy Road, Villupuram, Villupuram District.
3. The Tahsildar, Chengam Taluk, Chengam, Thiruvannamalai District.
4. Palani
5. Chandrakesavan
6. Narayanan
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the second respondent to remove the encroachment made by the respondents 4 to 6 situated in S.No.38/1, NH-47, Muraiyaru Hamlet, Kariyamangalam Village, Chengam Taluk, Thiruvannamalai District.
For petitioner : Mr.C.Prakasam For respondents : Mr.T.N.C.Kaushik Govt. Counsel (for R1 to R3)
ORDER
(The Order of the Court was made by K.KALYANASUNDARAM,J) Mr.T.N.C.Kaushik, learned Government Counsel takes notice for the respondents 1 to 3. By consent, this writ petition is taken up for final disposal at the admission stage itself. 2.This writ petition has been filed seeking for issuance of a Writ of Mandamus directing the second respondent to remove the encroachment made by the respondents 4 to 6 situated in S.No.38/1, NH-47, Muraiyaru Hamlet, Kariyamangalam Village, Chengam Taluk, Thiruvannamalai District.
3.The petitioner would claim that she is owning land measuring to an extent of 27 cents in S.No.36/1A at Kariyamangalam Village, Chengam Taluk, Thiruvannamalai District. In front of the property, NH-47 is formed. The grievance of the petitioner is that the respondents 4 to 6 have encroached upon the National Highways Road and constructed shops. It is difficulty for the petitioner to reach her property. Hence, she made representations to the official respondents. But no action has been taken. Hence, the present writ petition. 4.Mr.C.Prakasam, learned counsel for the petitioner would submit that it would suffice, if a suitable direction is issued to the third respondent to consider the representations of the petitioner.
5.The learned Government Counsel appearing for the respondents 1 to 3 would state that the third respondent has confirmed the encroachments made in the public road and action is to be taken by the second respondent.
6.In the light of the above submissions of the learned counsels and also taking note of the prayer sought for in this writ petition, this Court without expressing any opinion on the
merits of the matter, directs the second respondent to take appropriate action on the representations of the petitioner in accordance with law, after providing sufficient opportunity to all the necessary parties. The said exercise shall be completed within a period of six months from the date of receipt of a copy of this order.
7.With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar skn To
1. The District Collector, Thiruvannamalai District, Thiruvannamalai.
2. The Superintending Engineer, National Highways, Vazhudhareddy, Trichy Road, Villupuram, Villupuram District.
3. The Tahsildar, Chengam Taluk, Chengam, Thiruvannamalai District.
+1cc to the Government Pleader, S.R.No.55105 W.P.No.22391 of 2021 PM(CO) RLP(22/11/2021)