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Madras High CourtWP/35538/2023disposed of

C.Eswaran v. The District Collector

2024-01-03Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2024 CORAM :

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

Petitioner Vs.

1. The District Collector Erode District, Erode.

2. The Chief Engineer State Highways Department Construction and Maintenance Division Integrated Chief Engineers' Office HRS Campus, 76 Sardar Patel Road Guindy, Chennai - 600025.

3. The Divisional Engineer (H) State Highway Department Construction and Maintenance Division Office of the Divisional Engineer Erode Division, Moolapalayam, Erode.

4. The Assistant Divisional Engineer (H) State Highway Department Construction and Maintenance Division Office of the Assistant Divisional Engineer (H) Perundurai Sub-Division Perundurai, Erode.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondent 3 to remove the encroachments made in other district road situated and running through S.F.Nos.6, 7, 61/1, 62, 91, 223, 225, 226, 234, 235, 242, 243, 245, 251/1, 252, 257/1, 269, 377, 378, 379, 380/1, 380/2, 383, 425, 426, 427, 428, 432, 433, 434 and 435 of Pasuvapatti Village, Perundurai Taluk, Erode District of the Chennimalaikangeyan State Highway (SH-93) based on the representation of the petitioner dated 01.10.2023.

For the Petitioner : Mr.B.Mohan For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.B.Mohan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for the respondents.

2. Learned State Government Pleader, on instructions of the Assistant Divisional Engineer (H), C&M, Perundurai, submits that the

requisition letter has been sent to the Revenue Department to demarcate the highway boundary and after fixing the highway boundary, the encroachments would be removed on the said roads.

3. In view of the aforesaid statement, the writ petition stands disposed of. There shall be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 03.01.2024 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Erode District, Erode.

2. The Chief Engineer State Highways Department Construction and Maintenance Division Integrated Chief Engineers' Office HRS Campus, 76 Sardar Patel Road Guindy, Chennai - 600025.

3. The Divisional Engineer (H) State Highway Department Construction and Maintenance Division Office of the Divisional Engineer Erode Division, Moolapalayam, Erode.

4. The Assistant Divisional Engineer (H) State Highway Department Construction and Maintenance Division Office of the Assistant Divisional Engineer (H) Perundurai Sub-Division Perundurai, Erode.

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

(drm) 03.01.2024