Ramamoorthy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.01.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Ramamoorthy ...
Petitioner versus 1 The District Collector Dharmapuri District 2 The Revenue Divisional Officer Harur, Dharmapuri District 3 The Tahsildar Harur, Dharmapuri District 4 The Block Development Officer Harur, Dharmapuri District 5 The President Harur, Dharmapuri District 6 Pandurangan 7 Palanisamy ...
Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 1st to 5th respondents to evict the encroachment made by the 6th and 7th respondents as found in Survey No.63, Gudalur Village, Harur Taluk, Dharmapuri District being a panchayat Tar Road, within a timeframe.
For the Petitioner :
Mr.J.Pradeep For the Respondents :
Mr.J.Ravindran, Additional Advocate-General, assisted by Mr.A.Selvendran, Special Government Pleader, for respondents 1 to 3 and 5 Mr.P.Muthukumar, State Government Pleader, for the fourth respondent
ORDER
(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking a Writ of Mandamus directing respondents 1 to 5 to evict the encroachment made by respondents 6 and 7 as found in Survey No.63, Gudalur Village, Harur Taluk, Dharmapuri District.
2. It is the case of the petitioner that there is a common pathway used by the villagers for taking cattle for grazing to Palayam Uttappattikallu. The respondents 6 and 7 have illegally blocked the said road by putting stones and thorns. The third respondent took action and removed the blockage on 08.09.2022. However, respondents 6 and 7 had again blocked the road by putting stones and thorns. In this regard, the petitioner has made a representation on 30.09.2022 to the second respondent. However, no action has been taken so far and hence the present writ petition has been filed.
3. Heard learned counsel appearing for the parties.
4. A bare perusal of the photographs found at page No.31 of the typed set of papers shows the blockage of road. Without any wastage of time, the blockage should be removed and the road should be made accessible to the common people.
5. The first respondent, District Collector, Dharmapuri District, is directed to take immediate action, to remove the blockage/ encroachment made by respondents 6 and 7, by considering the representation made by the petitioner dated 30.09.2022. The encroachment shall be removed within a period of two weeks from the date of receipt of a copy of this order.
6. The writ petition is disposed of with the above direction. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.) 20.01.2023 Index : Yes/No : Yes/No tar To 1 The District Collector Dharmapuri District
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.
(tar) 2 The Revenue Divisional Officer Harur, Dharmapuri District 3 The Tahsildar Harur, Dharmapuri District 4 The Block Development Officer Harur, Dharmapuri District 5 The President Harur, Dharmapuri District 20.01.2023