T.Naveenkumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2022 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY T.Naveenkumar .. Petitioner vs 1.The District Collector, Salem District.
2.The Tahsildar, Peddanaickenpalayam Taluk, Salem-636 109.
3.The Block Development Officer, Panchayat Union, Peddnaickenpalayam Town, Salem-636 109.
4.The Revenue Divisional Officer, Attur, Salem-636 109.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 4 to remove the road encroachment located in S.No.92 and 93 (street) at about 500 meter situated at Kuttapuli Street,
Periyakrishnapuram, Peddanaickenpalayam, Salem District by considering the petitioner representation dated 28.08.2021. For the Petitioner : Mr.M.Sudhakaran for M/s.Karan and Uday For the Respondents : Mr.J.Ravindran Addl. Advocate General assisted by Mr.P.Muthukumar State Government Pleader for respondent Nos.1, 2 & 4 : Mr.D.Gopal Government Advocate for respondent No.3
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by the petitioner for removal of encroachment made on the cart track that exists in Survey Nos.92 and 93.
2. In support of the claim made in the writ petition, learned counsel appearing for the petitioner has drawn our attention to the copy of "A" register in respect of the land covered in S.Nos.92 and
situated at Kuttapuli Street, Periyakrishnapuram, Peddanaickenpalayam, Salem District. Learned counsel for the petitioner has also drawn our attention to the photographs filed along with the writ petition and submitted that there is an encroachment on the cart track.
3. From a perusal of the "A" register, we find that Survey Nos.92 and 93 have been classified as "vandi pathai" (cart track). Further, the photographs reveal that a narrow road (cart track) has been completely encroached by the encroachers.
4. At this stage, Mr.J.Ravindran, learned Additional Advocate General appearing for respondents 1, 2 and 4, submitted that the official respondents will conduct a survey of the land in question and thereafter, they will remove the encroachment in accordance with law after notice to all concerned.
5. Recording the submission made by learned Additional Advocate General, the writ petition is disposed of with a direction to
the respondent authorities to conduct a survey of the land in question and remove the encroachment in accordance with law within a period of six weeks from the date of receipt of a copy of this order after notice to all concerned and restore the cart track to its original position. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 08.12.2022 Index : Yes/No bbr To:
1.The District Collector, Salem District.
2.The Tahsildar, Peddanaickenpalayam Taluk, Salem-636 109.
3.The Block Development Officer, Panchayat Union, Peddnaickenpalayam Town, Salem-636 109.
4.The Revenue Divisional Officer, Attur, Salem-636 109.
T.RAJA, ACJ.
AND D.BHARATHA CHAKRAVARTHY, J.
bbr 08.12.2022