M.Anandhan v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2024 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY M.Anandhan .. Petitioner Vs 1.The District Collector, Erode District, Erode-638 011.
2.The Revenue Divisional Officer, Gopichettipalayam Revenue Divisional Office, Gopichettipalayam Taluk, Erode District-638 452.
3.The Tahsildar, Gopichettipalayam Taluk, Gopichettipalayam, Erode District-638 452.
4.The Assistant Director (Town Panchayat), Collectorate Office, Erode District-638 011.
5.The Executive Officer, Vaniputhur, T.N. Palayam Post, Sathyamangalam Taluk, Erode District-638 506.
6.Eswari .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the representation dated 19.2.2024 and consequently direct the respondents to remove the obstructions and encroachments made by the sixth respondent in the Semmedukarai Residential Plot Division Layout situated in S.F.No.65/1E, 65/2 part and 65/7 part in Vaniputhur Village, Gopichettipalayam Taluk, Erode District.
For Petitioner : Mr.A.Charles Darwin for Mr.K.R.Annamalai For Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.M.Habeeb Rahman Government Advocate for respondent Nos.1 to 5
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Shri Prabakar states that from the documents annexed to the petition, it appears that only 10 feet of road was gifted by the developer in
the approved plan, whereas petitioner is claiming 19 feet.
2. Counsel for petitioner states petitioner is entitled to 19 feet and not just 10 feet as per the approved plan.
3. Since this involves disputed questions of facts, we direct the Tahsildar, Gopichettipalayam Taluk, to look into the matter and take necessary action. A copy of this petition be treated as representation from the petitioner. The Tahsildar may call for documents from the private respondent No.6 and, after hearing the parties, pass an order in accordance with law.
4. Petition is, accordingly, disposed of. There shall be no order as to costs.
(K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 28.11.2024 Index :
Yes/No NC :
Yes/No bbr
To:
1.The District Collector, Erode District, Erode-638 011.
2.The Revenue Divisional Officer, Gopichettipalayam Revenue Divisional Office, Gopichettipalayam Taluk, Erode District-638 452.
3.The Tahsildar, Gopichettipalayam Taluk, Gopichettipalayam, Erode District-638 452.
4.The Assistant Director (Town Panchayat), Collectorate Office, Erode District-638 011.
5.The Executive Officer, Vaniputhur, T.N. Palayam Post, Sathyamangalam Taluk, Erode District-638 506.
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.
bbr 28.11.2024