S.Vimalkumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-04-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. S.Vimalkumar S/o Subramaniam No 5/146 Kaveri Street N.G.G.O Colony Salem Road Namakkal 637 001 Petitioner(s) Vs

1. The District Collector Namakkal District, Namakkal 2.The Commissioner Namakkal City Corporaiton Namakkal 3.The Thasildar Namakkal Tauk Namakkal District 4.Mani @ Subramani S/o Ponnusamy No 5/144, Kaveri Nagar N.G.G.O Colony Salem Road Namakkal 637 001 Respondent(s) PRAYER Directing the respondents 1 to 3 to remove the unauthorised compound wall put

forth by the 4th respondent by obstructing 20 feet common pathway leads East to West situated in front of petitioners residence comprised in new S. No 45 / 6A1A1A and Plot No 51 situated at Chinnamuthalaipatti Village, Namakkal Taluk and District subsequently direct the respondents 1 to 3 to set up a proper drainage system for drain the rain water in pursuance of petitioners representation dated 07.11.2024.

For Petitioner(s):

Mr.M.Subash For Respondent(s):

Mr.G.Ameedius, Government Advocate For RR1 & 3 Mr.M.Raja Mathivanan For R2 Mr.N.Vijaya Basjar For M/s.Las Vision For R4

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The writ of mandamus has been instituted to direct the respondents 1 to 3 to remove the unauthorized compound wall put forth by the 4 th respondent by obstructing 20 feet common pathway leads East to West situated in front of petitioners residence comprised in new S.No.45/6A1A1A and Plot No.51 situated at Chinnamuthalaipatti Village, Namakkal Taluk and District subsequently direct the respondents 1 to 3 to set up a proper drainage system for drain the rain water in pursuance of petitioners representation dated 07.11.2024.

2. With reference to the allegations set out in the writ petition, the Tahsildar, Namakkal addressed a letter to the Commissioner Corporation, Namakkal, vide letter dated 10.03.2025 stating that survey has been conducted and encroachments are identified. The Taluk Sub Inspector of Survey submitted a survey report for initiating all further actions.

3. Therefore, the respondents 1 to 3 are directed to initiate all appropriate actions for removal of encroachments by following the procedures as contemplated under the Statute and Rules in force. The said exercise is directed to be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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

(S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.) 25-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Namakkal District, Namakkal 2.The Commissioner Namakkal City Corporaiton Namakkal 3.The Thasildar Namakkal Tauk Namakkal District 4.Mani @ Subramani S/o Ponnusamy No 5/144, Kaveri Nagar N.G.G.O Colony Salem Road Namakkal 637 001

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

ssi 25-04-2025