Madras High CourtWP/26446/2023disposed of

Aft Rajiv Gandhi Nagar Kudiyiruppor Nalachangam, v. The Chief Secretary

2023-09-13Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU AFT Rajiv Gandhi Nagar Kudiyiruppor Nalachangam Rep. by its President Mr.Rajasekaran S/o. Somasundaram Plot No.67, Rajiv Gandhi Nagar Pooranankuppam, Ariankuppam Cummune Panchayat Pondicherry - 605 007.

Petitioner Vs.

1. The Chief Secretary Chief Secretariat U.T. of Puducherry.

2. The Deputy Collector (Revenue) (North) Saram Revenue Complex

3. The Commissioner Ariankuppam Commune Panchayat Ariankuppam, Puducherry.

4. The Member Secretary Pondicherry Planning Authority Jawahar Nagar, Puducherry.

5. The Tashildar Taluk Office, Mudaliarpet

6. The Director Department of Survey and Land Records

7. Angalammal @ Sivagangai ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 6 remove the encroachment made by the 7th respondent on the public road to an extent of 10 feet x 252.5 feet in the 20 feet AFT Rajiv Gandhi Nagar Main Road, Thavalakuppam Revenue Village, Ariyankuppam Commune, Pooranankuppam post, Puducherry.

For the Petitioner : Mr.K.S.Ilangovan For the Respondents : S.Raveekumar Government Pleader (Puducherry) for R1 to R6

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.K.S.Ilangovan, learned counsel for the petitioner and Mr.S.Raveekumar, learned Government Pleader (Puducherry) for the respondents 1 to 6.

2. According to the petitioner, there is an encroachment on the public road in the layout. An enquiry was conducted by the respondent Authorities and the Taluk Office, Government of Puducherry has also informed the Deputy Collector (Revenue) (North) about the existence of the encroachment after the enquiry.

3. It is submitted that the seventh respondent has filed a civil suit impleading the petitioner as well as the Government Officers as parties and the said suit is at the stage of evidence.

4. We are not aware whether there is any order of injunction in force. According to the learned counsel for the petitioner, order of injunction does not exist. Learned Government Pleader (Puducherry) submits that if there is no order of injunction in force, then the Authorities would proceed, in accordance with law, with regard to the encroachment.

5. In view of the said submissions, the writ petition stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (P.D.A., J.) 13.09.2023 Index :

Yes/No :

Yes/No drm