P.G.Mohan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.G.Mohan .. Petitioner Vs 1 The District Collector Kancheepuram District Kancheepuram.
2 The Tahsildar Chengalpet Taluk Chengalpet.
3 The Commissioner Urapakkam Panchayat Union Kanchipuram District - 603 211.
4 M.Hariharasudan 5 M.Seethalakshmi 6 M.Malaichamee .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 3 herein to remove the encroachment in and over 20 feet wide Guruvayurappan Street, Kilambakkam, Urapakkam, Kancheepuram District - 603 211 and restore the said Guruvayurappan Street to its original condition and prevent any further encroachment on 20 feet wide Guruvayurappan Street, Kilambakkam, Urapakkam, Kanchipuram District - 603 211 either by respondents 4 to 6 or anybody else.
For the Petitioner : Mr.B.Harikrishnan For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for respondents 1 to 3
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.B.Harikrishnan, 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 3.
2. Learned counsel for the petitioner submits that respondents 4 and 5 have purchased the property on 29.4.2015. To the south of their land, the boundary is shown as 20 feet road. After six months, a rectification deed is executed showing the southern boundary as 2 metre passage, i.e., 6 feet road.
3. No revenue record is placed to substantiate the existence of the 20 feet road.
4. Learned State Government Pleader has placed on record a communication 3.7.2023. It is stated in the said communication that the land comprised in Survey Nos.135/3A1 and 15/3A2 has been inspected and it was found that it is an unapproved house-site layout. It is further stated that enquiry notice has been served on respondents 4 and 5 to survey the aforesaid fields on 7.7.2023 in the presence of the petitioner. The communication further states that, at the time of survey if any encroachment is identified, action will be taken to remove the encroachment as per law.
In the light of the same, no further orders are necessary. The writ petition, as such, is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 03.07.2023 Index :
Yes/No Yes/No sasi To:
1 The District Collector Kancheepuram District Kancheepuram.
2 The Tahsildar Chengalpet Taluk Chengalpet.
3 The Commissioner Urapakkam Panchayat Union Kanchipuram District - 603 211.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
(sasi) 03.07.2023