K.Karthirvel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ Writ Petition No. 29861 of 2018 and WMP. No. 34862 of 2018 K. Kathirvel .. Petitioner

Versus

1. The District Collector Villupuram District Villupuram

2. The Regional Divisional Officer Tindivanam, Tindivanam Taluk Villupuram District

3. The Inspector of Police Brammadhesam Police Station Villupuram District

4. The Tahsildar Tindivanam, Tindivanam Taluk Villupuram District

5. The Block Development Officer Marakkanam Panchayat Union Panchayat Union Office Marakkanam, Tindivanam Taluk Villupuram District 1/7

6. The Head Surveyor Tindivanam Taluk Office Tindivanam Taluk Villupuram District

7. The Village Administrative Officer Then Nerkunam Village Molasur Post, Tindivanam Taluk Villupuram District

8. C. Ramasami .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 4 and 5 herein to consider the petitioner's representation dated 20.09.2018, and consequently to remove the encroachment made by the 8th respondent in public road situated in Survey No.74 of Thennerkunam Village, Tindivanam Taluk, Villupuram District, at the earliest point of time as may be fixed by this Court. For Petitioner :

Mr. N. Elumalai For R1 to 4, 6 & 7 :

Mr. A. Selvendran, Special Government Pleader For R5 : Mr. S.N. Parthasarathi For R8 : No appearance

ORDER

(Order of the Court was made by R. MAHADEVAN, J) The petitioner has filed this writ petition for issuance of Writ of Mandamus to direct the respondents 4 and 5 to consider his representation dated 20.09.2018, and consequently to remove the encroachment made by the 8th respondent in public road situated in Survey No.74 of Thennerkunam Village, Tindivanam Taluk, Villupuram District. 2/7

2.

The case of the petitioner is that he has constructed his house in the land in survey No.74/7 measuring an extent of 54 sq.mt. According to the petitioner, there is a public road in front of his house having width 2.4 meters and length of 68 meters and it is maintained by the fourth respondent. The grievance of the petitioner is that the eighth respondent has encroached 3 feet of the said road by laying a cement column and also attempted to construct a house thereon. In this context, the petitioner submitted representations dated 10.07.2018 and 20.09.2018 requesting to remove the encroachment made by the eighth respondent in the public road but those representations have not been considered. Therefore, finding no other option, he has come up with this writ petition for the aforesaid relief.

3.

The learned counsel for the petitioner submitted that pointing out the encroachment made by the eighth respondent, the petitioner has made representations to the official respondents to take action for removal of the same, however, there was no response. Therefore, the learned counsel prayed this Court to issue appropriate direction to the official respondents to considering the representation dated 20.09.2018 of the petitioner and to pass appropriate orders thereon on merits within a time to be stipulated by this Court.

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4.

The learned Special Government Pleader for the respondents 1 to 4, 6 & 7 produced a copy of the communication in Na.Ka.No.A4/00713/2023 dated 28.02.2023 of the fourth respondent, wherein, it is stated that the sixth respondent surveyed the land of the petitioner on 15.03.2023 and the four boundaries of his property were fixed. During such survey, an enquiry was conducted with the petitioner and he complained that the eighth respondent had constructed the cement sheeted house in a land which is classified as public lane. In this regard, the learned Special Government Pleader seeks time to survey the so-called public lane over which the eighth respondent alleged to have put up a construction and to remove the encroachment, if any. 5.

In view of the above submission made by the learned Special Government Pleader, the fourth respondent is directed to consider the representation dated 20.09.2018 of the petitioner, cause survey of the public road in front of the house of the petitioner, in the presence of the petitioner as well as the eighth respondent and others, if any and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that if there is any encroachment made by the eighth respondent, as complained by the petitioner, the same shall be removed, after following due process of law. 4/7

6.

Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] [M.S.Q., J.] 06.03.2023 Index : Yes / No Internet : Yes / No av/rsh To

1. The District Collector, Villupuram District, Villupuram

2. The Regional Divisional Officer, Tindivanam, Tindivanam Taluk, Villupuram District.

3. The Inspector of Police, Brammadhesam Police Station, Villupuram District.

4. The Tahsildar, Tindivanam, Tindivanam Taluk, Villupuram District.

5. The Block Development Officer, Marakkanam Panchayat Union, Panchayat Union Office, Marakkanam, Tindivanam Taluk, Villupuram District.

6. The Head Surveyor, Tindivanam Taluk Office, 5/7

Tindivanam Taluk, Villupuram District.

7. The Village Administrative Officer, Then Nerkunam Village, Molasur Post, Tindivanam Taluk, Villupuram District.

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R. MAHADEVAN, J and MOHAMMED SHAFFIQ, J av/rsh WP No.29861 of 2018 06.03.2023 7/7