Madras High CourtWP(MD)/719/2021disposed of

Thilipkumar. K v. The District Collector

2022-10-26Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD K.Thilipkumar ... Petitioner -vs1.The District Collector Thanjavur District Thanjavur 2.The Tahsildar Papanasam Taluk Thanjavur District 3.The Assistant Divisional Engineer Highways Department Construction and Maintenance Sub Division Papanasam Taluk, Thanjavur District 4.The Assistant Executive Engineer Public Works Department Vennaru Basin Division (Part-I) Thanjavur District 5.Manimegalai 6.Chithra 7.Padmini 8.Selvi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 8 in S.F.No.61 of Viluthiur Village, Papanasam Taluk, Thanjavur District, which was classified as highway in the revenue records, based on the petitioner's representation dated 06.03.2020. 1/3

For Petitioner: Mr.Ramanathan.AN.

For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R4 Mr.R.Suresh Kumar for R5 to R8

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 8 in S.F.No.61 of Viluthiur Village, Papanasam Taluk, Thanjavur District, which is classified as "Highway" in the revenue records, based on the petitioner's representation dated 06.03.2020.

2. When the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 4, on instructions, submitted that there are some encroachments, as projected by the petitioner, in the subject land and the same would be removed, in accordance with law, within a period of eight weeks. 3.

Recording the above submission of the learned Government Pleader, the authority concerned is directed to remove the encroachments made by the private respondents in the subject land after giving due notice to all the parties concerned and by following due process of law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // /11/2022 Sub Assistant Registrar(CS) krk To:

1.The District Collector, Thanjavur District, Thanjavur.

2/3

2.The Tahsildar, Papanasam Taluk, Thanjavur District.

3.The Assistant Divisional Engineer, Highways Department, Construction and Maintenance Sub Division, Papanasam Taluk, Thanjavur District.

4.The Assistant Executive Engineer, Public Works Department, Vennaru Basin Division (Part-I), Thanjavur District.

+1 CC to M/s.SPL.GP ( SR-51702[F] dated 28/10/2022 ) 26.10.2022 AMS(03.11.2022) 3P 6C 3/3