G.Duraikannu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2019 CORAM :

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.27910 of 2018 G.Duraikannu .. Petitioner v.

1 The District Collector Tiruvannamalai Thiruvannamalai District 2 The Tasildhar Thiruvannamalai Taluk Thiruvannamalai District 3 The Divisional Engineer No.214, Dindivanam Road Navakarai Thiruvannamalai Town Thiruvannamalai District 4 Chakrapani 5 Pattammal .. Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus, directing the respondents 1 to 3 remove the illegal encroachment made by respondents 4 and 5 at State Highway comprised in S.F.No.27/2, Manalurpet Main Road, State Highways, Keezhanikarai Village, Tiruvannamalai Taluk and District by considering petitioner's representation dated 23.08.2018 For Petitioners : Mr.R.Rajarajan For Respondents : Mr.S.Kamalesh Kannan Government Advocate - for R1 to R3 R3 - Died Not Ready in Notice - R5

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner is seeking direction to the respondent Nos.1 to 3, viz., The District Collector Thiruvannamalai District, the Tasildhar, Thiruvannamalai Taluk, Thiruvannamalai District and the Divisional Engineer, No.214, Dindivanam Road, Navakarai , Thiruvannamalai Town, Thiruvannamalai District to remove the illegal encroachment made by respondent Nos. 4 and 5 at State Highway comprised in S.F.No.27/2, Manalurpet Main Road, State Highways, Keezhanikarai Village, Tiruvannamalai Taluk and District.

2. The learned Government Advocate has tendered the counter-affidavit of respondent No.3, wherein it is stated that respondent Nos. 4 and 5 have encroached upon the State Highways Road by constructing houses. It is further stated in the counter-affidavit that necessary notice under Section 28(2)(ii) of Tamil Nadu Highways Act, 2001, have been issued to the respondent Nos. 4 and 5 vide Memo No.07/2008/A, dated 05.11.2018 of the Assistant Divisional Engineer (H), C & M, Tiruvannamalai.

3. The learned Government Advocate states that the concerned authorities will proceed in accordance with law, as expeditiously as possible.

4. Recording the submission made by the learned Government Advocate, the Writ Petition is disposed of. No costs. (V.K.T., CJ.) (M.D., J.) 30.01.2019 Index : Yes/No Speaking Order/Non Speaking Order Rj

To 1 The District Collector Tiruvannamalai Thiruvannamalai District 2 The Tasildhar Thiruvannamalai Taluk Thiruvannamalai District 3 The Divisional Engineer No.214, Dindivanam Road Navakarai Thiruvannamalai Town Thiruvannamalai District

THE HON'BLE CHIEF JUSTICE AND M. DURAISWAMY, J.

Rj W.P. No.27910 of 2018 30.01.2019