Madras High CourtWP/32571/2019disposed of

K.C.Shanmugam, v. The District Collector,

2019-11-21Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Rmt. Teekaa Raman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2019

CORAM:

THE HON'BLE MR. JUSTICE M.M.SUNDRESH and THE HON'BLE MR. JUSTICE RMT. TEEKAA RAMAN W.P.No.32571 of 2019 and WMP No.32949 of 2019 K.C.Shanmugam ...

Petitioner vs.

1. The District Collector Erode, Erode District.

2. The Superintending Engineer, Highways Department, Poondurai Road, Erode - 2.

3. The Zonal Engineer, Highways Department, Poondurai Road, Erode - 2.

4. The Asst. Zonal Engineer, Highways Department, Poondurai Road, Erode - 2.

5. The Asst. Engineer Highways Department, Kodumudi - 638 151.

6. Senthil

7. Palaniyammal

8. Indirani

9. Srinivasan 10.Umesh 11.Kanthasamy 12.Bakkiyammal ...

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a writ of Mandamus, directing the respondents 1 to 5 to remove the encroachments in public road

from Kodumudi to Nagamanaickanpalayam, in which specifically at Solakkalipalaiyam, in Survey No.335 of Kodumudi Village, Erode District.

For Petitioner : Mr.V.S.Kesavan For R-1 to R-4 : Mr.P.S.Shivashanmughasundaram, Special Government Pleader

O R D E R

(Order of the Court made by M.M.SUNDRESH,J.) The petitioner made representations to the respondents, inter alia, alleging that the encroachment in the road has not been removed. On receipt of such representations, the 3rd respondent sent a communication in letter No.2399/2009/A3 dated 20.11.2009 stating that the encroachments would be removed. As the same was not done, the petitioner made further representations on 25.01.2010, in the month of September 2018 and latest one being 30.03.2019. Since no action is forth coming even thereafter, the present writ petition has been filed.

2. The learned Special Government Pleader appearing for the respondents 1 to 5, after getting instructions from the 5th respondent submitted that the process of survey of the area is over and the measurement is being carried out. Needful would be done within a period of six weeks from the date of receipt of a copy of this order.

3. Recording the above said submission made by the learned Special Government Pleader, we call upon the 5th respondent to take appropriate action, after following due procedure, within a period of six weeks from the date of receipt of a copy of this order.

4. This Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-I) //True Copy// Sub Assistant Registrar rgr