M.Ravi v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2019 CORAM :

The Hon'ble Mrs.V.K.TAHILRAMANI, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE M.DURAISWAMY W.P. No.25368 of 2018 and W.M.P.No.29515 of 2018 1.M.Ravi 2.M.Ramesh .. Petitioners -vs1.The District Collector Thiruvannamalai District, Thiruvannamalai.

2.The Thasildar Vandavasi Taluk, Vandavasi, Thiruvannamalai District.

3.The Inspector of Police, Pernamallur Police Station, Vandavasi Taluk, Thiruvannamalai District 604 503.

4.Parimala 5.Chitrakanthan .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents 1 and 2 to remove the unauthorized construction and encroachment in the public road, Survey No.389/12 and S.No.166 of Bhagavanthapuram Village, Raghunatha Samuthram Post, Vandavasi Taluk, Thiruvannamalai District, by disposing the representation dated 19.6.2018 submitted by the petitioner within the stipulated period prescribed by this Court. For Petitioner :

Mr.G.Thangavel For Respondents :

Mr.V.Jayaprakash Narayanan Govt. Pleader (i/c.) for RR 1 to 3 :

Not ready in notice reg. RR4, & 5

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) Heard the learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned Government Pleader (i/c.), appearing for respondent nos.1 to 3.

2.The petitioner is seeking directions to respondent nos.1 and 2, i.e., The District Collector, Thiruvannamalai District, and The Tahsildar, Vandavasi Taluk, to remove the unauthorised construction and encroachment put up by respondent nos.4 and 5 in the public road, in Survey No.389/12 and S.No.166 of Bhagavanthapuram Village, Raghunatha Samuthram Post, Vandavasi Taluk, Thiruvannamalai District.

3.The learned counsel for the petitioners submitted that the petitioners had also sent a representation dated 19.06.2018 to respondents 1 and 2 in relation to the above mentioned unauthorised construction and encroachment in S.Nos.389/12 and 166.

4.The learned Government Pleader (i/c.), on instructions, submitted that notices under Sections 7 and 6 of the Tamil Nadu Land Encroachment Act, 1905, have been issued to respondent nos. 4 and 5 and thereafter, the respondents 1 and 2 will proceed in accordance with law.

5.The statement made by the learned Government Pleader (i/c.) shows that the authorities are taking action against respondent nos.4 and 5 in relation to the unauthorised construction and encroachment put up by them. 6.In view of the statement of the learned Government Pleader (i/c.) that thereafter they will proceed in accordance with law, no further orders are required.

The writ petition is, accordingly, disposed of. No costs. Consequently, W.M.P.No.29515 of 2018 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

sra To 1.The District Collector Thiruvannamalai District, Thiruvannamalai.

2.The Thasildar Vandavasi Taluk, Vandavasi, Thiruvannamalai District.

3.The Inspector of Police, Pernamallur Police Station, Vandavasi Taluk, Thiruvannamalai District 604 503.

+1 cc to Mr.G.Thangavel, Advocate Sr.No.12805 +1 cc to The Government Pleader, Sr.No.13405 W.P.No.25368 of 2018 RSV(CO) CSL/26.02.2019