Bharathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI Bharathi .. Petitioner Vs 1.The District Collector, Dharmapuri.

2.The Revenue Divisional Officer, Harur, Dharmapuri District.

3.The Tahsildar, Harur Taluk, Dharmapuri District.

4.Chokkalingam @ Chokkan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 3 to remove the encroachments and the obstruction caused by the fourth respondent in Survey Nos.6/3B2, 5/5B, 5/7C, 12/1A, 12/3A of Nadupatti Village, Harur Taluk, Dharmapuri District being a

"Government Cart Track".

For the Petitioner : Mr.J.Pradeep For the Respondents : Mr.K.Karthik Jagannath Government Advocate

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed for issuance of a writ of mandamus directing respondents 1 to 3 to remove the encroachment made by the fourth respondent in Survey Nos.6/3B2, 5/5B, 5/7C, 12/1A, 12/3A of Nadupatti Village, Harur Taluk.

2. The case of the petitioner is that a pathway in question is used by the petitioner and the villagers to reach the main road and the said pathway is the only access. While so, the fourth respondent encroached upon the said pathway. Because of the encroachment, the petitioner and all other villagers are forced to seek alternate routes through the village agricultural lands to reach their destinations. In this regard, the petitioner has submitted representations to the respondent authorities on 20.5.2024 and 11.6.2024 to remove the

encroachment made by the fourth respondent. As the said representation did not evoke any response, the petitioner has filed the present writ petition.

3. Considering the narrow scope of the prayer made in the writ petition, without expressing any opinion on the merits of the matter, we direct the respondent authorities to consider the representations of the petitioner dated 20.5.2024 and 11.6.2024, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after providing opportunity to all concerned.

4. The writ petition is disposed of accordingly. There shall be no order as to costs.

(D.K.K., ACJ.) (P.B.B, J.) 23.09.2024 Index :

Yes/No NC :

Yes/No bbr

To:

1.The District Collector, Dharmapuri.

2.The Revenue Divisional Officer, Harur, Dharmapuri District.

3.The Tahsildar, Harur Taluk, Dharmapuri District.

THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.

bbr 23.09.2024