K.Nantha Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Nantha Kumar ...

Petitioner Vs 1.The District Collector Erode District.

2.The District Revenue Officer Erode District.

3.The Revenue Divisional Officer Erode District.

4.The Thasildhar Erode District.

5.The Village Administrative Officer Sullipalayam Group, Perundurai Circle Erode .

6.K.Subramanian 7.S.R.Thangarasu ...

Respondents

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 to 5 to remove the encroachments made by respondents 6 and 7 in the Nilaviyal vandi Pathai situated in New Survey No.15/1 Sullipalayam Village, Perundurai Taluk in Erode district by considering petitioner representation dated 09.09.2022 and enable the public to access the pathway.

For the Petitioner :: Mr.P.Rajadurai For the Respondents :: Mr.J.Raveendran, Additional Advocate-General, assisted by Mr.S.Selvendran, Spl.G.P., for respondents 1 to 5

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed praying for a Writ of Mandamus directing the respondents 1 to 5 to remove the encroachments made by respondents 6 and 7 in the 'Nilaviyal Vandi Pathai' situated in New Survey No.15/1 Sullipalayam Village, Perundurai Taluk in Erode district by considering petitioner's representation dated 09.09.2022 and enable the public to access the pathway.

2. Learned counsel for the petitioner drew the attention of this Court to the photographs enclosed at pages 53 and 54 to contend that there is an encroachment, blocking the easy access to public.

3. However, a perusal of the photographs clearly show that there is no encroachment at all. Indeed, we could see cart track, and in our view, even a heavy vehicle could travel in the said road easily. Agriculturists and farmers will have an easy transport of their commodities in this road.

4. We do not, therefore, find any justification for entertaining this writ petition. The writ petition fails and the same is dismissed. No costs.

(T.R., ACJ.) (D.B.C., J.) 05.12.2022 Index: Yes/No tar To 1.The District Collector, Erode District.

2.The District Revenue Officer, Erode District. 3.The Revenue Divisional Officer Erode District.

4.The Thasildhar, Erode District.

5.The Village Administrative Officer, Sullipalayam Group, Perundurai Circle, Erode.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.

(tar) 05.12.2022