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Madras High CourtWP/29423/2023disposed of

Mr.A.Rajendhiran v. The Chief Engineer(Zone)

2023-10-11Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Rajendhiran ..

Petitioner Vs.

1. The Chief Engineer (Zone) Chennai.

2. The Superintending Engineer Highways, Villupuram.

3. The District Collector Cuddalore Distict, Cuddalore.

4. The Revenue Divisional Officer Virudachalam, Cuddalore District.

5. The Divisional Engineer Highways, Cuddalore.

6. The Assistant Divisional Engineer

7. The Assistant Engineer

8. The Tahsildar Thittagudi, Cuddalore District.

9. The Special Thasildar cum Welfare Officer SC & ST Welfare Department Cuddalore District, Cuddalore.

10. Velmurugam

11. Jothi

12. Uthamaraja

13. Kokilam

14. Karuppaye

15. Muthuvel

16. Kolanchinathan

17. Dhanalakshmi

18. Duraimurugan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 8 to remove the encroachments made by the respondents 10 to 18 in the Highways based upon the 6th respondent's public notice dated 23.08.2023 and proceedings of the 8th respondent in Na.Ka.A1/55/2023, dated 24.08.2023 and the 8th respondent's proceedings in Na.Ka.A1/55/2023, dated 30.08.2023. For the Petitioner : Mr.T.Balaji For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R1 to R9

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.T.Balaji, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 9.

2. Learned counsel for the petitioner submits that in the earlier writ petition in W.P.No.8415 of 2023, this Court, under order dated 17.03.2023 directed the official respondents to decide the representation of the petitioner dated 06.01.2023. Thereafter, survey notice was issued on 24.08.2023 for conducting survey from 30.08.2023 to 01.09.2023, but further steps were not taken.

3. It is stated in the communication dated 30.08.2023 that the eviction proposed on 31.08.2023 was postponed because of administrative reasons and that the date of eviction will be notified later.

4. The respondent Authorities may proceed further in accordance with law pursuant to the survey report and take steps accordingly.

5. With these observations, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 11.10.2023 Index :

Yes/No :

Yes/No drm

To

1. The Chief Engineer (Zone) Chennai.

2. The Superintending Engineer Highways, Villupuram.

3. The District Collector Cuddalore Distict, Cuddalore.

4. The Revenue Divisional Officer Virudachalam, Cuddalore District.

5. The Divisional Engineer Highways, Cuddalore.

6. The Assistant Divisional Engineer

7. The Assistant Engineer

8. The Tahsildar Thittagudi, Cuddalore District.

9. The Special Thasildar cum Welfare Officer SC & ST Welfare Department Cuddalore District, Cuddalore.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 11.10.2023