P.Ambethkar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2021 CORAM :

THE HON'BLE MR.JUSTICE M.DURAISWAMY, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J. SATHYA NARAYANA PRASAD W.P. No.24775 of 2021 A.Ambethkar .. Petitioner v.

1 The District Collector, O/o. Of the District Collectorate, Ranipet District.

2 The Thasildhar, O/o. KalavaiThasildhar Kalavai, Ranipet District.

3. The Block Development Officer, O/o. Union Office Thimiri, Thimir, Ranpet District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus, to direct the respondents to remove encroachment in the Public way (Battai) bearing S.No.93/2A1E, 95/3B situated in Vembi Village, Kalavi Taluk, Raipet District in pursuant to the communication of 2nd respondent vide No.Na.Ka.Aa1/557/2020, dated 07.09.2021. For Petitioner : Mr.Muthamizh Selvakumar For Respondents : Ms.R.Anitha Special Govt. Pleader

O R D E R

(Order of the Court made by M.DURAISWAMY, ACJ) The petitioner has filed the above Writ Petition as a Public Interest Litigation to issue a Writ of Mandamus,

directing the respondents to remove the encroachment in the Public way (Battai) in S.Nos.93/2A1E and 95/3B situated in Vembi Village, Kalavi Taluk, Raipet District pursuant to the communication of 2nd respondent dated 07.09.2021.

2. It is the case of the petitioner that though the 3rd respondent issued notice to the encroachers on 08.09.2021, the official respondents have not removed the encroachments. The Thasildhar, who is the 2nd respondent in the Writ Petition, has also sent a letter dated 11.10.2021 to the 3rd respondent mentioning the names of the alleged encroachers, requesting the 3rd respondent to remove the encroachments. Since the encrochers were not removed, the petitioner has filed the above Writ Petition.

3. Ms.R.Anitha, learned Special Government Pleader appearing for the respondents submitted that the official respondents have already started to remove the encroachments and the entire encroachments would be removed within a period of two weeks.

4. Mr.Muthamizh Selvakumar, learned counsel appearing for the petitioner submitted that in view of the submissions made by the learned Special Government Pleader, the Writ Petition may be closed.

5. Recording the submission made by the learned Special Government Pleader to the effect that the encroachments made in the above referred Survey Numbers would be removed within a period of two weeks, the Writ Petition stands closed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Rj To

1. The District Collector, O/o. Of the District Collectorate, Ranipet District.

2. The Thasildhar, O/o. KalavaiThasildhar Kalavai, Ranipet District.

3. The Block Development Officer, O/o. Union Office Thimiri, Thimiri, Ranpet District.

+1CC to Mr.Government Pleader, Sr.No.60066 W.P. No.24775 of 2021 KSM (CO) K.RK. (29.11.2021)