Palpandi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2024

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE G.ILANGOVAN Palpandi ... Petitioner -vs1.The District Collector Collectors Compound Virudhunagar District 2.The Commissioner of Corporation Sivakasi Corporation Virudhunagar District 3.The Revenue Divisional Officer Sivakasi, Virudhunagar District 4.The Welfare Officer Aadhi Dravidar and Welfare Office Virudhunagar District 5.The Special Tahsildar Aadhi Dravidar and Welfare Office Virudhunagar District 6.Abirami ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to take appropriate action to remove the encroachments made by the sixth respondent as requested by the petitioner's representations dated 25.07.2023, 31.07.2023 and 19.08.2023 within a reasonable time.

For Petitioner :

Ms.Chamundi Bose For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R5

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Ms.Chamundi Bose, learned counsel, for the petitioner and Mr.P.Thilakkumar, learned Government Pleader, for the respondents 1 to 5.

2. The encroachment is alleged on the 20 Feet pathway / road. The road alleged to be encroached is of a layout.

3. Learned counsel for the petitioner submits that the petitioner, though he is not a resident of that locality, is prosecuting the petition for public cause and benefit of the residents of the locality, where the encroachment is alleged.

4. The layout is on record. The plot-holders of the subject layout have not raised any objection nor the alleged encroachment is fortified by any document. The petitioner, being a resident of a different locality, altogether is not even remotely affected. If the persons of the layout / locality raised any objection, the same can be considered. It is for the authority to consider the existence of encroachment or otherwise on the complaint being received.

5. The writ petition is dismissed accordingly. No costs. [S.V.G., C.J.] [G.I., J.] 27.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Collectors Compound, Virudhunagar District.

2.The Commissioner of Corporation, Sivakasi Corporation, Virudhunagar District.

3.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

4.The Welfare Officer, Aadhi Dravidar and Welfare Office, Virudhunagar District.

5.The Special Tahsildar, Aadhi Dravidar and Welfare Office, Virudhunagar District.

THE HONOURABLE CHIEF JUSTICE and G.ILANGOVAN , J.

krk 27.02.2024