A.Rajendran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.30535 of 2022 A.Rajendran ..

Petitioner v.

1. The District Collector Office of the District Collectorate Kallakurichi District

2. The District Revenue Officer Kallakurichi Kallakurichi District

3. Divisional Engineer Office of Divisional Engineer Highways Department Villupuram, Villupuram District

4. The Executive Engineer Operation and Maintenance TANGEDCO, Kallakurichi 606 202

5. Vijaya Wife of Mr.Kathirvel

6. Shanmugam Son of Mr.Srinivasan ..

Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Respondents 1 to 4 to remove the illegal encroachment made by the 5th and 6th respondents in CuddaloreVirudhachalam-Salem National Highway Marginal Road No.532, which is comprised in S.No.85/1 in Kezhkuppam Village, Chinnaselam Taluk, Kallakurichi District based on the petitioner's representation dated 25.02.2022.

For Petitioner ::

Mr.D.Murugan For Respondents ::

Mr.P.Muthukumar State Government Pleader for R1 to R3 Mrs.Daniel Mary for R4

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Mr.A.Rajendran has filed this writ petition praying for issuance of a mandamus directing the respondents 1 to 4 to remove the illegal encroachment made by the 5th and 6th respondents in Cuddalore-

Virudhachalam-Salem National Highway Marginal Road No.532, which is comprised in S.No.85/1 in Kezhkuppam Village, Chinnaselam Taluk, Kallakurichi District, by considering the petitioner's representation dated 25.02.2022.

2. When the matter was taken up, Mr.P.Muthukumar, learned State Government Pleader appearing for the respondents 1 to 3, placing on record the written instructions from the Divisional Engineer, National Highways, Villupuram dated 16.11.2022, stated that the alleged encroachment in Survey No.85/1 in Kezhkuppam Village, Chinnaselam Taluk, Kallakurichi District said to have been made by the 5th and 6th respondents was already inspected and after ascertaining with the Survey Department, if any encroachment is found, the alleged encroachers will be evicted within 30 days, as per law.

3. Placing on record the written instructions aforementioned, the writ petition stands disposed of granting six weeks time to the official

respondents to do the needful as per law. There shall be no order as to costs. Speaking/Non speaking order (T.R.,A.C.J.) (D.K.K.,J.) Index : yes/no 17.11.2022 ss To

1. The District Collector Office of the District Collectorate Kallakurichi District

2. The District Revenue Officer Kallakurichi Kallakurichi District

3. Divisional Engineer Office of Divisional Engineer Highways Department Villupuram Villupuram District

4. The Executive Engineer Operation and Maintenance TANGEDCO Kallakurichi 606 202

THE HON'BLE ACTING CHIEF JUSTICE AND D.KRISHNAKUMAR,J.

ss W.P.No.30535 of 2022 17.11.2022