Madras High CourtWP/33286/2022disposed of

D.Rajappa v. The Revenue Divisional Officer

2022-12-12Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.33286 of 2022 D.Rajappa ..

Petitioner Vs.

1. The Revenue Divisional Officer Hosur, Krishnagiri District.

2. Tahsildhar Soolagiri Taluka Krishnagiri District.

3. M/s. Kuthavakkam Realtors Rep. by its Director V.Kanniappan No.13, Raghaavendra Avenue Poes Garden Chennai 600 0086.

4. M/s. DNC Promoters Rep. by its Partner M.Deepak New No.23, Old No.T3A, 1st Avenue Ashok Nagar Chennai 600 083.

Respondents

Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Mandamus directing the first and second respondents to remove the encroachments made in the public pathway situated in S.Nos.1241/2A, 1241/1A, 1242/1C and 1237/2 of Kamanthotti Village put up by the third and fourth respondents who have fenced the pathway, meant for ingress and egress of the petitioner to reach his Village on the basis of the representation of the petitioner dated 23.12.2019 within a time frame to be fixed by this Hon'ble Court.

For the Petitioner : Mr.G.M.Ananthakumar For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondents 1 and 2

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner has come up with this writ petition seeking removal of encroachment made by the respondents 3 and 4 in the pathway situated in S.Nos.1241/2A, 1241/1A, 1242/1C and 1237/2.

2. Learned counsel appearing for the petitioner, drawing our

attention to the copy of A Register, submits that the land comprised in S.Nos.1241/2A, 1241/1A, 1242/1C and 1237/2 at Kamanthotti Village, is a common pathway and that has been blocked by the respondents 3 and 4.

3. Learned State Government Pleader, accepting notice for the respondents 1 and 2, sought four weeks' time to consider the representation of the petitioner dated 23.12.2019 and to remove the encroachment, if any, after conducting survey.

4. In view of the above, this writ petition is disposed of, directing the second respondent to conduct survey and if it is found that there is an encroachment, the same shall be removed within a period of six weeks from the date of receipt of a copy of this order. There will be no order as to costs.

(T.R., ACJ.) (D.B.C., J.) 12.12.2022 kpl

1. The Revenue Divisional Officer Hosur, Krishnagiri District.

2. Tahsildhar Soolagiri Taluka Krishnagiri District.

T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY,J (kpl) 12.12.2022