N.Venkatasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 16.12.2021
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P. No.26770 of 2018 N.Venkatasamy .. Petitioner
Versus
1.The District Collector, Thiruvannamalai, Thiruvannamalai District.
2.The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai District.
3.The Divisional Engineer, The State Highways Department, No.214, Dindivanaam Road, Navakarai, Thiruvannamalai Town, Thiruvannamalai District.
4. Elumalai
5. Letchumi .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the respondents to remove the illegal encroachment made by respondents 4 and 5 at State High Way comprised in S.F.No.27/2, Manalurpet Main Road, State Highways, Keezhanaikarai Village, Tiruvannamalai Taluk and District by considering petitioner's representation dated 30.09.2018.
For petitioner : Mr.R.Rajarajan For respondents for RR1 to 3 : Mr.R.Siddhartha for RR4 & 5 : Notice served - No appearance
ORDER
(The Order of the Court was made by K.KALYANASUNDARAM, J) The Writ Petition is heard through video conferencing.
2. This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to remove the encroachment made by the respondents 4 and 5 in Survey No.27/2 at Manalurpet Main Road, Keezhanaikarai Village, Tiruvannamalai Taluk and District by considering the representation of the petitioner dated 03.09.2018.
3. It is the case of the petitioner that he became the absolute owner of the House Plot No.7 measuring an extent of 1800 sq.ft. in New Survey No.64/8, Old Survey No.50/1 at Keezh Anaikarai Village by virtue of the registered sale deed, dated 14.05.2007. Since then, he has been in possession and enjoyment of the same. According to the petitioner, the respondents 4 and 5, who are husband and wife have encroached the highway land in front of the petitioner's land and put up a construction. Due to which, the access of the petitioner to his property has been curtailed, hence, he made a representation to the official respondents to remove the encroachment. Since no action has been taken, the present Writ Petition.
4. The learned counsel appearing for the petitioner Mr.R.Rajarajan would state that though the representation was given in the year 2018, but so far, no order has been passed by the official respondents.
5. The learned Government Advocate appearing for the respondents 1 to 3 Mr.R.Siddhartha on instructions would state that the representation of the petitioner is pending with the respondents and they are ready to take appropriate action and pass orders.
6. In the light of the submissions of the learned counsels appearing on either side, this Court without expressing any opinion on the merits of the matter, directs the second respondent/Tahsildar to conduct a survey in the property in dispute in the presence of the petitioner as well as the respondents 4 and 5 and on the basis of the report of the Tahsildar, the third respondent shall take appropriate action within a period of three months therefrom and remove encroachment, if any, in accordance with law.
7. With the above directions, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar pvs To 1.The District Collector, Thiruvannamalai, Thiruvannamalai District.
2.The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai District.
3.The Divisional Engineer, State Highways Department, No.214, Dindivanaam Road, Navakarai, Thiruvannamalai Town, Thiruvannamalai District.
+1cc to Mr.R,Rajarajan, Advocate SR.No.67422 +1cc to the Government Pleader, SR.No.68714 W.P. No.26770 of 2018 GPL(CO) CB(31/01/2022)