Muthaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.19439 of 2018 Muthaiah ... Petitioner vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer, Revenue Office, Pattukottai, Thanjavur District.

3.The Tahsildar, Taluk Office, Peravurani, Thanjavur District.

4.The Assistant Divisional Engineer, State Highways Department, Peravurani, Thanjavur District.

5.The Divisional Engineer, State Highways Department, Thanjavur District.

6.(*)Ramasamy S/o.Periyathambi ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to remove the encroachments made by the 6th respondent in the Kondraikadu Village crossing state highways O/4 Kg meters left side distance from Kalakam to Avudaiyarkovil Peravurai Taluk Thanjavur District on the basis of 4th respondent proceedings in Ka.No.35/2018/u.pov/dated 13.08.2018.

For Petitioner : Mr.B.Anandan For R1 to R5 : Mr.N.Shanmugaselvam Additional Government Pleader

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] The grievance of the petitioner is that the encroachment made by the sixth respondent is yet to be removed, though proceedings have been initiated as early as on 03.04.2018 and 13.08.2018 respectively by the respondents 2 and 4.

2.The learned Additional Government Pleader appearing for the official respondents would submit that the sixth respondent has agreed to vacate the encroached portion. However, time has been sought for. Further it is submitted that the respondents concerned are inclined to give further time of four weeks to remove the encroached portion.

3.The aforesaid submission stands recorded. If the sixth respondent does not vacate the encroached portion within a period of four weeks from the date of receipt of a copy of this order, he shall be removed immediately thereafter and if necessary by using police.

4.This writ petition is disposed of accordingly. No costs. SD ASSISTANT REGISTRAR ( WRITS ) TRUE COPY SD ASSISTANT REGISTRAR (CO) (*)Amended as per order of this Court Made in W.M.P(MD)No.19359 of 2018 dated 26.10.2018 TRUE COPY SUB ASSISTANT REGISTRAR (CS I) mj To (*) To be substituted to the order already despatched on 08.10.2018 1.The District Collector, Thanjavur District, Thanjavur. 2.The Revenue Divisional Officer, Revenue Office, Pattukottai, Thanjavur District. 3.The Tahsildar, Taluk Office, Peravurani, Thanjavur District.

4.The Assistant Divisional Engineer, State Highways Department, Peravurani, Thanjavur District.

5.The Divisional Engineer, State Highways Department, Thanjavur District. 1CC TO MR. B. ANANDAN, ADVOCATE SR 83210 1CC TO THE SPL GOVT PLEADER SR 84099 DS RSK SAR 4 1 10 2018 2P 8C DS PM SAR-1 30 10 2018 3P 8C W.P.(MD) No.19439 of 2018 10.09.2018