M.Logesh v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.9.2016

CORAM

THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH AND THE HON'BLE MR.JUSTICE S.VAIDYANATHAN Writ Petition No.29963 of 2016 M.Logesh ..

Petitioner Vs.

1. The District Collector Collectorate Thiruvallur District Thiruvallur.

2. The Revenue Divisional Officer Poonamallee Thiruvallur District Chennai 56.

3. The Tahsildar Taluk Officer Poonamallee Tk

4. Inspector of Police Poonamallee Police Station Poonamallee.

5. The Block Development Officer Poonamallee Panchayat Union Poonamallee

6. The Panchayat President Kattupakkam Poonamallee

7. P.Rajesh ..

Respondents Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 to 6 to remove the encroachment including the illegal construction

made by the 7th respondent in the Government property and 20 feet road near the plot Nos.86 & 87, Survey No.175/1 at A.D.Govindaraj Nagar, Kattupakkam, Poonamallee, Chennai 56, For Petitioner :Mr.I.Abraham For Respondents 1-4 & 6 :Mr.R.Prathapkumar, Addl.G.P.

For Respondent-5 :Mrs.T.Girija G.A For Respondent-7 :Left

O R D E R

(Made by Huluvadi G.Ramesh,J) The petitioner has come up with the above writ petition seeking a direction to the respondents 1 to 6 to remove the encroachment, including the illegal construction made by the 7th respondent in the Government property and 20 feet road near the plot Nos.86 & 87, Survey No.175/1 at A.D.Govindaraj Nagar, Kattupakkam, Poonamallee, Chennai 56, Thiruvallur District.

2. According to the petitioner, he is the absolute owner of plot Nos.86 & 87, Survey No.175/1 at A.D.Govindaraj Nagar, Kattupakkam, Poonamallee, Chennai 56, Thiruvallur District. The seventh respondent has encroached the public road nearby his plots and attempting to erect pillars in the midst of the road. The said road, which belongs to Kattupakkam Panchayat, is classified as thorough fare. Therefore, the petitioner made representations to the official respondents for eviction of encroachment and the same are yet to be considered. In the meanwhile, the preferred a complaint before the fourth respondent and after enquiry, the fourth respondent warned the seventh respondent not to encroach the road. However, the seventh respondent is still attempting to erect pillars in the road, forcing the petitioner to come up with this writ petition.

3. Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the respondents 1 to 4 and 6 and the learned counsel for the fifth respondent.

4. In case of encroachments, it is for the authority concerned to issue notice to the alleged encroachers and thereafter, to pass necessary order. Therefore, in the facts and circumstances of the case, we direct the respondents 1 to 3 and 5 and 6, to issue notice to the seventh respondent regarding the alleged encroachment and thereafter, to take appropriate action to remove the encroachment on an earlier date, after following the due process of law.

5. The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, WMP No.25925 of 2016 & WMP No.28301 of 2016 are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kpl To

1. The District Collector Collectorate Thiruvallur District, Thiruvallur.

2. The Revenue Divisional Officer Poonamallee Thiruvallur District, Chennai 56.

3. The Tahsildar Taluk Officer Poonamallee Tk, Thiruvallur District.

4. Inspector of Police Poonamallee Police Station Poonamallee.

5. The Block Development Officer Poonamallee Panchayat Union Poonamallee, Thiruvallur District.

6. The Panchayat President Kattupakkam, Poonamallee +1cc to Mr.I.Abraham, Advocate Sr.55288 +1cc to the Government Pleader sr.55618 W.P.No.29963 of 2016.

skv[co] srg 09/12/2016