M.Sakthivel v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Sakthivel .. Petitioner -vs1. The District Collector, Collectorate, Salem, Salem District - 636 001.
2. The District Revenue Officer, Collectorate, Salem, Salem District - 636 001.
3. The Revenue Divisional Officer, Sankagiri Division, Salem District - 637 301.
4. The Tahsildar, Edapadi Taluk, Salem District - 637 101.
5. The Block Development Officer, (Village Panchayat), Konganapuram Block, Edapadi Taluk, Salem District - 637 102.
6. The Inspector of Police, Konganapuram Police Station, Edappadi Taluk, Salem District - 637 102.
7. K.Venkatachalam
8. K.Kandasamy
9. G.Perumal 10.R.Mani 11.P.Sakthivel 12.T.Ganesan 13.Paavayi 14.M.Pazhanimuthu 15.P.Muthusami 16.P.Rasathi .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 4th and 5th respondents to remove the illegal encroachments made by the 7th to 16th respondents on Common pathway, classified in Field Measurement Book, as Cart Track (Vandi Pathai), comprising in Survey Nos.157, 156, 155, 163, 164, 165 and 166 situated at Katchupalli Village, Edapadi Taluk, Salem District within Registration District of Salem, Sub-Registration District of Magudanchavadi within a stipulated time. For the Petitioner :
Mr.J.Agni Selvaraju For the Respondent :
Mrs.R.Anitha Spl. Govt. Pleader for RR 1 to 6 :
No appearance for RR 7 to 9, 11, 12, 15 and 16 :
Not ready in notice reg. RR 10, 13 & 14 * * * * *
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.J.Agni Selvaraju, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader, for respondent Nos.1 to 6.
2. Encroachment is alleged on the common pathway. The Tahsildar has filed the status report stating that the writ land has been marked as cart track in the FMB. The same is used as public footpath except S.No.127/3B of Katchupalli Village. The status report further states that further action would be initiated in accordance with the directions of this Court.
3. The authorities need not wait for the directions of the Court. Under the law they are empowered to remove the unlawful encroachments by following due process of law. The respondent authorities shall evict the encroachers by adhering to the procedures as established by law.
With these observations, the writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 12.12.2023 Index : Yes/No : Yes/No sra To
1. The District Collector, Collectorate, Salem, Salem District - 636 001.
2. The District Revenue Officer, Collectorate, Salem, Salem District - 636 001.
3. The Revenue Divisional Officer, Sankagiri Division, Salem District - 637 301.
4. The Tahsildar, Edapadi Taluk, Salem District - 637 101.
5. The Block Development Officer, (Village Panchayat), Konganapuram Block, Edapadi Taluk, Salem District - 637 102.
6. The Inspector of Police, Konganapuram Police Station, Edappadi Taluk, Salem District - 637 102.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sra) 12.12.2023