S.Thiyagarajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Thiyagarajan ..

Petitioner Vs.

1. The District Collector Namakkal District.

2. The Thasildar Rasipuram, Namakkal District.

3. The President Pachudaiyampalayam Panchayat Rasipuram Taluk, Namakkal District.

4. Sengottuvel

5. Muthusamy

6. Natesan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 3 to remove the encroachment caused by the respondents 4 to 6 over the public road comprised in SF.No.167/1, 172/5 and 177/5 at Tho.Pachudaiyampalayam Village, Rasipuram Taluk and Namakkal District within a reasonable time by considering the representation of the petitioner herein dated 16.08.2023.

For the Petitioner : Mr.R.Nalliyappan For the Respondents : Mrs.R.Anitha Special Government Pleader for R1 and R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.R.Nalliyappan, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader for respondents 1 and 2.

2. Learned Special Government Pleader, on instructions of the Tahsildar, submits that steps would be taken to measure the lands and if any encroachment is found after the detailed survey, action would be taken to remove the same in accordance with the existing rules and provisions.

3. In view of the submissions made, the authorities may carry out the measurement and if any encroachments are found, take action in accordance with the provisions of law expeditiously.

4. In light of the above, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 20.11.2023 Index :

Yes/No :

Yes/No drm To

1. The District Collector Namakkal District.

2. The Thasildar Rasipuram, Namakkal District.

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

(drm) 20.11.2023