Mrs.Santha Jayalakshmi, v. District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2016
CORAM:
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No.9042 of 2016 Santha Jayalakshmi Petitioner Vs.
The District Collector Salem The Chief Engineer National Highways Construction and Maintenance Ezhilagam Chennai 600 009 The Tahsildar Omalur The Divisional Engineer National Highway Department Construction and Maintenance Sangagiri Road Edapady, Salem The Supervising Engineer National Highway Construction and Maintenance Salem Steel Plant Bypass Road Salem The Executive Officer Omalur Primary Municipality Omalur The Village Administrative Officer Omalur The Village Administrative Officer Kottamotupatti Village Omalur Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to consider the representation dated 15.09.2015 to remove the encroachment in Survey Numbers 55,58,77,85,82,69, 60, 33 and 32 in Kottamatupatti Village and in Survey No.182, 187 and 188,
Omalur Village forming part of the Omalur Bus Stand and its abutting roads.
For petitioner Mr. G. Suryanarayanan For RR 1 to 5 & 7 & 8 Mr. P.S. Sivashanmugasundaram Special Government Pleader For R6 Mr. R. Rajendra Narasimhan Government Advocate
ORDER
(delivered by SATISH K. AGNIHOTRI, J.) Mr. P.S. Sivashanmugasundaram, learned Special Government Pleader, accepts notice for respondents 1 to 5, 7 and 8. Mr. R. Rajendra Narasimhan, learned Government Advocate, accepts notice for the sixth respondent. With consent, this writ petition is taken up for final disposal, at the admission stage itself.
This writ petition is filed seeking a writ of mandamus directing the respondents to consider the petitioner's representation dated 15 September 2015 qua removal of encroachments in Survey Numbers 55,58,77,85,82,69, 60, 33 and 32 in Kottamatupatti Village and in Survey No.182, 187 and 188, Omalur Village forming part of the Omalur Bus Stand and its abutting roads.
According to the petitioner, she is a resident of Omalur Taluk, Salem District. Complaining that there are widespread encroachments made by shopkeepers in Omalur Bus Stand abutting the Salem National Highway and also in various survey numbers in the adjoining places of Kottamattupatti Village and Omalur Village, occupying nearly 20% of the road width, the petitioner addressed a representation to the respondents on 15 September 2015, seeking removal of those encroachments. Since no orders have been passed in the said representation, the petitioner has come up with the instant writ petition, seeking the aforestated relief.
Considering the limited scope of the relief sought by the petitioner, without going into the merits of the case, we direct the authorities concerned to consider and pass orders on the petitioner's representation dated 15 September 2015 on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. We also make it clear that it is for the authorities to identify the persons who have made the alleged encroachments and take consequential action, if need be, after notice to them and ensure that the public pathway and the National Highway in question are free from encroachments.
The writ petition stands disposed of with the above direction and observation. Costs made easy.
Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar cad To The District Collector Salem The Chief Engineer National Highways Construction and Maintenance Ezhilagam Chennai 600 009 The Tahsildar Omalur The Divisional Engineer National Highway Department Construction and Maintenance Sangagiri Road Edapady, Salem The Supervising Engineer National Highway Construction and Maintenance Salem Steel Plant Bypass Road Salem The Executive Officer Omalur Primary Municipality Omalur The Village Administrative Officer Omalur The Village Administrative Officer Kottamotupatti Village Omalur 1 cc to Government Pleader, Sr. 15754 1 cc to Mr.G. Suryanarayanan, Advocate, Sr. 15360 W.P. No.9042 of 2016 SKV (CO) kk 22/3