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Madras High CourtWP(MD)/6009/2019closed

V.Balasubramaniam, v. The District Collector,

2019-04-09Honourable Mr Justice K. Kalyanasundaram,Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD)No.6009 of 2019 and WMP(MD)No.4805 of 2019 V.Balasubramanian

...Petitioner

/Vs./ 1.The District Collector, Trichy District, Collectorate, Trichy - 620 001.

2.Revenue Divisional Officer, Musiri Division, Musiri.

3.Tahsildar, Musiri Taluk, Musiri.

4.Block Development Officer, Thathiangarpettai, Trichy - 621 214.

5.Sivaji 6.Ramesh

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 2 to 4 to conduct an enquiry and remove the encroachments put up by respondents 5 and 6 from the pathway comprised in SF No.160/14 of Devanoor Village as per order of the first respondent in O.Mu.A1/32102/2018, dated 08.01.2019.

For Petitioner : Mr.K.Prabhakar For R-1 to R-3 : Mr.Aayiram K.Selvakumar Additional Government Pleader For R-4 : Mr.V.Anand For R-5 & R-6 : Mr.K.Govindarajan

ORDER

Heard Mr.K.Prabhakar, learned counsel appearing for the petitioner; Mr.Aayiram K.Selvakumar, learned Additional Government Pleader appearing for the respondents 1 to 3; Mr.V.Anand, learned counsel appearing for the fourth respondent and Mr.K.Govindarajan, learned counsel appearing for the fifth and sixth respondents. https://hcservices.ecourts.gov.in/hcservices/

2.This writ petition has been filed for issuance of writ of Mandamus directing the respondents 2 to 4 to conduct an enquiry and remove the encroachments put up by respondents 5 and 6 from the pathway comprised in S.F.No.160/14 of Devanoor Village as per order of the first respondent in O.Mu.A1/32102/2018, dated 08.01.2019. 3.The learned Additional Government Pleader would state that the third respondent has already conducted a survey in S.F.No.160/14 at Devanoor Village and found that not only the respondents 5 and 6, the petitioner also made encroachment in the public pathway. According to the learned Additional Government Pleader, all the encroachments in the public pathway would be removed by following the due process.

4.Recording the said submission made by the learned Additional Government Pleader, this writ petition is closed. However, the official respondents shall complete the procedure within a period of six months from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS) rj2 To 1.The District Collector, Trichy District, Collectorate, Trichy - 620 001.

2.The Revenue Divisional Officer, Musiri Division, Musiri.

3.The Tahsildar, Musiri Taluk, Musiri.

4.The Block Development Officer, Thathiangarpettai, Trichy - 621 214.

+1 CC to M/s.K.PRABHAKAR, Advocate ( SR-60003[F] dated 09/04/2019 ) +1 CC to M/s.SPL GP ( SR-60091[F] dated 10/04/2019 ) +1 CC to M/s.K.GOVINDARAJAN, Advocate (SR-60273[F] dated 11/04/2019) W.P.(MD)No.6009 of 2019 09.04.2019 https://hcservices.ecourts.gov.in/hcservices/ ES/DS/23.04.2019/2P/8C