K.Babu v. The Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and WMP.No.36077 of 2018 K.Babu ..

Petitioner ..vs..

1. The Thasildar, Chinna Salem Taluk, Villupuram.

2. The Revenue Divisional Officer, Kallakurichi, Villupuram District.

3. The District Collector, Villupuram District.

4. The Executive Officer, Vadakkanandal Town Panchayath, Chinna Salem Taluk, Villupuram District.

5. The Executive Engineer, Public Works Department, Chettikulam, Chinnasalem Town and Taluk, Villupuram District.

..

Respondents 1/4

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to take appropriate action to remove all kind of the encroachments on the S.Nos.180, 184/11 and 184/12 used as public common pathway and for running of canal to the adjacent agricultural lands based on the representation dated 12.04.2016.

For Petitioner : Mr.V.Manohar For Respondents : Mr.A.Selvendran State Government Pleader ***

O R D E R

This Writ Petition has been filed seeking for a direction to the Respondents to take appropriate action to remove all kinds of encroachments on the S.Nos.180, 184/11 and 184/12 used as public common pathway and for running of canal to the adjacent agricultural lands based on the representation dated 12.04.2016.

2. Today, when the matter was taken up for hearing, Mr.A.Selvendran, learned Special Government Pleader appearing for the Respondents submitted that there are encroachments in the canal adjacent to the agricultural lands and also on the road and the same will be removed within a period of two months. 2/4

3. Recording the submission made by the learned Special Government Pleader, this Writ Petition is closed and the Respondents are directed to remove the encroachments within a period of two months from the date of receipt of a copy of this order. Needless to state that the Authorities must adhere to the decision in W.P.(MD) No.16120 of 2023, dated 30.08.2023 (N.Sankar V. The Principal Secretary, Town and Country Planning, Government of Tamil Nadu and three others) in its letter and spirit to avoid disciplinary proceedings being initiated against them. No costs. Consequently, connected Miscellaneous Petition is closed. [S.V.N., J.,] [K.R.S., J] 22.09.2023 Index: Yes / No arr To

1. The District Collector, Office of the District Collectorate Kancheepuram District Kancheepuram.

2. The Special Officer, Kattankulathur Panchayat Union (BDO) Chengalput Taluk Kancheepuram District.

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S. VAIDYANATHAN,J., and K.RAJASEKAR ,J arr W.P.No.30928 of 2018 22.09.2023 4/4