P.Pitchai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI Writ Petition (MD).No.2885 of 2018 P.Pitchai ... Petitioner Vs.

1. The District Collector, Tiruchirapalli District, Tiruchirapalli.

2. The Tahsildhar, Musiri Taluk, Musiri, Tiruchirapalli District.

3. Palaniyandi ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 2 to take appropriate and immediate steps to remove the encroachment put up by the third respondent in Survey No.350/8 I 2, situated in Indhra Nagar, Pulivalam Post, Musiri Taluk, Tiruchirapalli District within the period stipulated by this Court. For Petitioner : Mr.N.Sathish Babu For R1 & R2 : Mr.D.Muruganandam Additional Government Pleader

O R D E R

(Order of the Court was made by T.S.SIVAGNANAM,J.) Heard Mr.N.Sathish Babu, learned counsel appearing for the petitioner and Mr.D.Muruganandam, learned Additional Government Pleader appearing for the respondents 1 and 2.

2. The petitioner seeks for a direction upon the respondents 1 and 2 to take action against the third respondent and to remove the encroachment put up by him by encroaching into the public road.

3. The learned Additional Government Pleader was directed to take instruction in the matter. On instruction, it is submitted that it is no doubt true that the respondent has encroached into the public road and the encroachment made appears to be quite long time back and action will be initiated in accordance with law. It is further submitted that the petitioner himself is a wrong encroacher https://hcservices.ecourts.gov.in/hcservices/

having obtained patta for a larger extent and in this regard, an order has already been passed against the petitioner. In any event, since the respondents 1 and 2 would admit that there is an encroachment at public road, then appropriate action would be taken in accordance with law.

4. With the above observation, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To

1. The District Collector, Tiruchirapalli District, Tiruchirapalli.

2. The Tahsildhar, Musiri Taluk, Musiri, Tiruchirapalli District.

+One cc to Mr.N.Sathish Babu, Advocate, SR.No.48766 +One cc to The Special Government Pleader, SR.No.48995 akv RL/5C/2P/KK/SAR3/6/3/2018 Writ Petition (MD).No.2885 of 2018 14.02.2018 https://hcservices.ecourts.gov.in/hcservices/