Saraswathi. R v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2023
CORAM:
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD) No.2755 of 2023 Saraswathi. R ... Petitioner Vs
1. The District Collector, Dindigul District, Dindigul..
2. The Superintending Engineer, Highway Construction and Maintenance, Dindigul..
3. The Divisional Engineer, Highway Construction and Maintenance, Dindigul..
4. The Project Director, National Highways Authority of India, Trichy..
5. The Thasildar, Dindigul West Taluk, Dindigul District..
6. Rajasekar,
7. Gopi, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to direct the respondents Nos.1 to 5 to remove the encroachments made in the Pathway of NH-83-Coimbatore-Nagapattinam Highway road side and abutting street leading to the petitioner`s house comprised in Survey No.582/1A situated in E.B.Colony, Sakthi Nagar, Chettinayakkanpatti, Dindigul District within the period that may be stipulated by this Court. For Petitioners : Mr.R.Gandhi Senior Counsel for Mr.J.Karthikeyan For Respondents :
Mr.S.P.Maharajan for R1 to R3 and R5 Special Government Pleader Mr.S.Sankarapandian for M/s.Arul Vadivel Associates for R4
ORDER
[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard Mr.R.Gandhi, learned Senior counsel for the petitioner, Mr.S.P.Maharajan, learned Special Government Pleader for the respondent Nos.1 to 3 and 5 and Mr.S.Sankarapandian, learned counsel for the respondent No.4.
2. Learned counsel for the petitioner submits that encroachment exists in the National Highway. The respondents are directed to remove the same. 3.The learned counsel for the respondent No.4, on instructions, submits that the encroachment was only in the nature of debris. The same has been removed. 4.The learned Special Government Pleader for the respondent Nos.1 to 3 and 5 submits that the land would be measured and surveyed within four weeks and if encroachment is found, steps would be taken to remove the said encroachment.
5. In light of that, the writ petition stands disposed of. However, there shall be no order as to costs.
[S.V.G., CJ.] [K.K.R.K, J.] 28.11.2023 NCC : Yes / No Index : Yes / No
RR To
1. The District Collector, Dindigul District, Dindigul..
2. The Superintending Engineer, Highway Construction and Maintenance, Dindigul..
3. The Divisional Engineer, Highway Construction and Maintenance, Dindigul..
4. The Project Director, National Highways Authority of India, Trichy..
5. The Thasildar, Dindigul West Taluk, Dindigul District..
THE HON'BLE THE CHIEF JUSTICE and K.K.RAMAKRISHNAN, J.
RR W.P.(MD)No.2755 of 2023 28.11.2023