K.Chandrasekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2016

CORAM:

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.26718 of 2013 K.Chandrasekar ... Petitioner

Versus

1.The District Collector Salem District.

2.The Revenue Divisional Officer, Sankari, Salem District.

3.The Tahsildar, Sankari, Salem District.

4.The Block Development Officer, Sankari, Salem.

5.Krishnan, 6.Dhanraj 7.Rajammal 8.Saminathan 9.A.Tamilarasu ... Respondents Petitions filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the respondents 1 to 4 to take immediate steps to remove the temporary obstruction put up by the respondents 5 to 9 in the Panchayat road which runs through S.F.Nos.656/2, 656/2 and 657/3 of Kuppanur Village, Sankari Taluk, Salem District, in exercise of the power conferred under Section 133 Crl.P.C or any other law time being in force, by considering the petitioner's representation dated 05.09.2013.

For Petitioner : Mr.N.Manokaran For Respondents : Mr.V.R.Kamalanathan Additional Government Pleader for R.1 to R.4 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) The encroachment is stated to be still existing, affecting the right of way. Directions were passed on 13.09.2013 by the Revenue Divisional Officer to the Tahsildar to remove the encroachment.

2. On our query as to why nothing has been done, learned Additional Government Pleader submits that as per his instructions, the land is stated to be patta land. Be that as it may, he says that the area will be surveyed within one month from today and thereafter necessary action in accordance with law will be taken in case encroachment is found, after notice to all concerned. The latter exercise be completed within three months from today.

3. The writ petition accordingly stands disposed of, leaving the parties to bear their own costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ksr To 1.The District Collector, Salem District.

2.The Revenue Divisional Officer, Sankari, Salem District.

3.The Tahsildar, Sankari, Salem District.

4.The Block Development Officer, Sankari, Salem.

+1cc to Mr.N.Manokaran, Advocate, S.R.No.34838 +1cc to Mr.R.Ramachandran, Advocate, S.R.No.34421 +1cc to the Government Pleader, S.R.No.34762 W.P.No.26718 of 2013 MSM(CO) CA(14/07/2016) https://hcservices.ecourts.gov.in/hcservices/