M.Pari v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2024

CORAM:

THE HON'BLE MR. JUSTICE M. SUNDAR AND THE HON'BLE MR. JUSTICE K. RAJASEKAR M. Pari Petitioner vs.

1.

The District Collector Office of the District Collector The Divisional Engineer Office of the Highways Department Construction and Maintenance Wallajah Taluk The Assistant Divisional Engineer Office of the Highways Department Construction and Maintenance Wallajah Taluk The Superintendent of Police Office of the Superintendent of Police The Divisional Engineer Office of the TANGEDCO Wallajah Taluk 1/6

The Revenue Tahsildar Office of the Revenue Tahsildar Wallajah Taluk 7.

S. Kumar 8.

S. Mahadevan 9.

K. Sekar 10.

E. Arumugam Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 6 to consider the petitioner's representation for removal of encroachment in Ammoor Village of Wallajah Taluk in Ranipet District dated 11.03.2024 within a time limit and for a further direction to the sixth respondent to measure the said pathway in S.No.657 of Ammoor Village of Wallajah Taluk in Ranipet District and file a report before the respondents 1 to 5. For petitioner Mr. M. Anantharaj For RR 1-3 & 5 & 6 Mr. V. Ravi Special Govt. Pleader For R4 Mr. E. Raj Thilak Additional Public Prosecutor - - - - - 2/6

ORDER

(made by M. SUNDAR, J.) Captioned 'Writ Petition' (for the sake of brevity 'WP') pertains to land comprised in Survey No.657, Ammoor Village, Wallajah Taluk, Ranipet District (for the sake of brevity 'said property'). Mr. M. Anantharaj, learned counsel for writ petitioner seeks a mandamus qua a representation dated 11.03.2024 and the burden of the song of the writ petitioner in the representation as well as in the hearing is that there is encroachment in said property and that the alleged encroachers are respondents 7 to 10 (private respondents). Learned counsel for writ petitioner submits that in spite of representation dated 11.03.2024, there is inaction and that has necessitated the filing of the captioned WP.

Issue notice to official respondents.

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Mr. V. Ravi, learned Special Government Pleader, accepts notice for respondents 1 to 3, 5 and 6. Mr. E. Raj Thilak, learned Additional Public Prosecutor, accepts notice for respondent 4. Learned Special Government Pleader, on instructions, submits that survey has been conducted qua said property, encroachment has been found and action will be initiated under Tamil Nadu Highways Act, 2001 (for clarity and convenience 'T.N. Highways Act'). Learned Special Government Pleader makes a specific submission that action under T.N.Highways Act would necessarily mean show causing the alleged encroachers inter alia under Section 28 (2) (ii) of T.N. Highways Act. This means that the rights and contentions of private respondents (respondents 7 to 10) and/or any other encroacher will stand preserved when show caused. As there is adequate safety valve in terms of private respondents being show caused, captioned main WP is taken up with the consent of learned counsel on both sides.

7.

If action under T.N. Highways Act is initiated, private respondents and/or other similarly placed encroachers would be show caused and as already alluded to supra, all the rights and contentions of the 4/6

private respondents and/or other similarly placed encroachers are preserved. We deem it appropriate to dispose of captioned WP by recording stated position of the learned Special Government Pleader who has accepted notice for respondents 1 to 3, 5 and 6. We do so.

8.

Ergo, sequitur is captioned main WP is disposed of recording the stated position of the learned Special Government Pleader albeit with preservation of rights of respondents 7 to 10 and/or other similarly placed persons in the aforesaid manner. There shall be no order as to costs. (M.S., J.) (K.R.S., J.) 12.12.2024 Index : Yes/No NC : Yes/No cad 5/6

M. SUNDAR, J.

and K. RAJASEKAR, J.

cad To 1.

The District Collector Office of the District Collector Ranipet Distrcit The Divisional Engineer Office of the Highways Department Construction and Maintenance Wallajah Taluk, Ranipet District The Assistant Divisional Engineer Office of the Highways Department Construction and Maintenance Wallajah Taluk, Ranipet District The Superintendent of Police Office of the Superintendent of Police The Divisional Engineer Office of the TANGEDCO Wallajah Taluk, Ranipet District The Revenue Tahsildar Office of the Revenue Tahsildar Wallajah Taluk, Ranipet District 12.12.2024 6/6