Madras High CourtWP/32754/2023disposed of

M.Venkatachalam v. The District Collector

2024-01-31Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Venkatachalam : Petitioner versus 1.The District Collector, Salem District 636 001 2.The Superintendent Engineer, (Building & Maintenance) 3.The Divisional Engineer, (Building & Maintenance) Highways Department, Salem 4 4.The Revenue Divisional Officer, Salem Division 636001 5.The Asst. Divisional Engineer, Special Section-2 (Building & Maintenance) 6.The Tahsildar, Salem Taluk & District 636302 7.S.Sekar 8.S.Ravi 9.Rajendran 10.Rajammal 11.B.Prabhu : Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus directing respondents 1 to 6 to remove the encroachment made by the respondents 7 to 11 in 5/0-5/6 km Aathumedu to Kristopher School Zone Pannamarathupatti Village Salem Taluk and District as per the proposal of 3rd respondent dated 13.10.2021.

For Petitioner :

Mr.K.Karthikeyan For Respondents 1 to 6 :

Mr.C.Kathiravan, Special Government Pleader For Respondent No.11 :

Mr.K.Selvaraj No appearance for respondents 7 to 10

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.K.Karthikeyan, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader, appearing for respondents 1 to 6 and Mr.K.Selvaraj, learned counsel appearing for respondent No.11.

2. Learned counsel appearing for respondent No.11 seeks time.

3. The learned Special Government Pleader, on instructions, submits that survey was conducted of the disputed area with the assistance of revenue officials on 29.11.2023. The eviction process is

underway. Notices will be issued as per the Highways Act, 2001 and the rules thereunder.

4. It would be open to respondent No.11 to respond to the proceedings if any initiated against him.

5. As steps are already undertaken by the Highways Department, no further orders are necessary in the writ petition.

6. The writ petition stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 31.01.2024 Index : Yes/No : Yes/No tar To 1.The District Collector, Salem District 636 001 2.The Superintendent Engineer, (Building & Maintenance) 3.The Divisional Engineer, (Building & Maintenance) Highways Department, Salem 4

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 4.The Revenue Divisional Officer, Salem Division - 636001 5.The Asst. Divisional Engineer, Special Section-2 (Building & Maintenance) 6.The Tahsildar, Salem Taluk & District 636302 31.01.2024