S.A.Thirikaran Rajan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN S.A.THIRIKARAN RAJAN .. Petitioner Vs
1. THE DISTRICT COLLECTOR NAMAKKAL DISTRICT, NAMAKKAL.
2. THE DISTRICT REVNUE OFFICER NAMAKKAL DISTRICT, NAMAKKAL.
3. THE TAHSILDAR THIRUCHENGODE TALUK, NAMAKKAL DISTRICT.
4. THE BLOCK DEVELOPMENT OFFICER MALLASAMUTHIRAM PANCHAYAT UNION, MALLASAMUTHIRAM, THIRUCHENGDE TALUK, NAMKKAL DISTRICT.
5. RAMYA .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 4 to remove the encroachment made by the 5th respondent on road comprised in Survey No 237/1, situate at Aadhidravidar Colony, Marapparai, Kuppichipalayam Village, Tiruchengode Taluk, Namakkal District, based on the representation dated 26.02.2024
For the Petitioner : Mr.C.Prabakaran For the Respondents : Mr.Karthik Jagannath Government Advocate for respondents 1 to 4
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Alleging that the fifth respondent has put up an encroachment on the road comprised in Survey No 237/1, situated at Aadhidravidar Colony, Marapparai, Kuppichipalayam Village, Tiruchengode Taluk, Namakkal District, the petitioner sent a representation dated 26.02.2024 to the respondent authorities. As the said representation did not evoke any response, the present writ petition is filed.
2. When the matter was taken up for hearing, Mr.Karthik Jagannath, learned Government Advocate appearing on behalf of respondents 1 to 4, submitted that the respondent authorities have conducted a survey of the writ subject land and initiated action for
removal of the encroachment. He further submitted that the respondent authorities shall proceed in accordance with law and remove the encroachment.
3. In view of the above submission made by learned Government Advocate, we dispose of the writ petition with a direction to the respondent authorities to remove the encroachment put up by the fifth respondent in accordance with law and without any further delay. There shall be no order as to costs. (D.K.K., ACJ.) (M.J.R., J.) 26.09.2024 Index :
Yes/No NC :
Yes/No sasi To:
1. THE DISTRICT COLLECTOR NAMAKKAL DISTRICT, NAMAKKAL.
2. THE DISTRICT REVNUE OFFICER NAMAKKAL DISTRICT, NAMAKKAL.
3. THE TAHSILDAR THIRUCHENGODE TALUK, NAMAKKAL DISTRICT.
4. THE BLOCK DEVELOPMENT OFFICER MALLASAMUTHIRAM PANCHAYAT UNION, MALLASAMUTHIRAM, THIRUCHENGDE TALUK, NAMKKAL DISTRICT.
THE HON'BLE ACTING CHIEF JUSTICE AND M.JOTHIRAMAN,J.
(sasi) 26.09.2024