Raghuraman v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR W.P. No.26750 of 2019 and W.M.P.Nos.26139 & 26148 of 2019 Raghuraman ... Petitioner Vs.

1.The District Collector, 2.The Tahsildar, Tiruvannamalai Taluk, 3.The Divisional Engineer (H) (C&M), Highways Department, 4.The Assistant Divisional Engineer (H) (C&M), Highways Department, 5.The Assistant Engineer (H) (C&H), Highways Department, Page No.1 of 6

6.The Superintendent of Police, 7.The Inspector of Police, Taluk Police Station, 8.Mr.Siva @ Sivakumar ... Respondents Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of certiorarified mandamus, calling for the records relating to the impugned notice in Ka.No.09/2019/U./dated 14.08.2019 of the 4th respondent and quash the same and consequently direct the respondents 1 and 2 to issue house site Patta to the petitioner. For Petitioner : Mr.V.Prasad For R1 to R7 : Mr.A.Selvendran Special Government Pleader For R8 : Mr.T.Shanmugam Page No.2 of 6

O R D E R

(Order of the Court delivered by S.M.SUBRAMANIAM,J.) The notice dated 14.08.2019 issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 is under challenge in the present writ petition. 2.

The respondent/Assistant Divisional Engineer in his counter has stated that the land in Survey No.112, Karuthuvampadi Village is a Government Poromboke land marked as Highway Road Poramboke in the Revenue Department Accounts. As this pathway is being used as bus flying road, this land is considered as highway road poramboke. Therefore, the maintenance of the road vest with the State Highways Department and the 3rd respondent/Divisional Engineer, Highways is the District Officer for the maintenance of the highways road.

3.

Since the respondents state that it is a highway road, they are bound to initiate action to evict the encroachments under the provisions of the Highways Act. Since notice under Section 6 of the Land Encroachment act, 1905 was issued, the present writ petition came to be instituted. Page No.3 of 6

4.

The Counter affidavit filed by the Assistant Divisional Engineer would reveal that after the issuance of impugned notice dated 14.08.2019, further notice was issued on 28.09.2019 under Section 28(2)(ii) of the Tamil Nadu Highways Act, 2001. Since action was initiated under the Highways Act, the respondents are directed to complete the procedures by affording opportunity to the encroachers and accordingly, remove the encroachments and utilise the public property for public usage in the manner known to law. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order. 5.

Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S,J.] [K.R.S,J.] 22.02.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda Page No.4 of 6

To 1.The District Collector, 2.The Tahsildar, Tiruvannamalai Taluk, 3.The Divisional Engineer (H) (C&M), Highways Department, 4.The Assistant Divisional Engineer (H) (C&M), Highways Department, 5.The Assistant Engineer (H) (C&H), Highways Department, 6.The Superintendent of Police, 7.The Inspector of Police, Taluk Police Station, Page No.5 of 6

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

veda Order in 22.02.2024 Page No.6 of 6