Pushpa v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos.4481 & 4482 of 2025 Pushpa ... Petitioner vs.

1.The District Collector, Office of the District Collector, Tiruchirappalli District.

2.The Divisional Engineer, Office of the Divisional Engineer, National Highways, No.5, Highways Colony, Subramaniyapuram, Tiruchirappalli District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records connected with the impugned notice issued by the second respondent in Ka.No.12/Encroachment/N.H336/A2/2025 dated 25.01.2025 and set aside the same as illegal.

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For Petitioner : Dr.R.Alagumani For Respondents : Mr.M.Sarangan Additional Government Pleader

ORDER

(Order of the Court was made by J. NISHA BANU, J.) The petitioner has filed the Writ Petition to quash the impugned notice issued by the second respondent dated 25.01.2025. 2.When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the respondents would submit that survey has already been conducted in the presence of the petitioner and it is found that she has encroached the National Highways Land. 3.Refuting the same, the learned counsel appearing for the petitioner would state that there is no encroachment. However, he would state that the authority concerned can survey the land in question and if it is found that there is any encroachment, the same can be removed.

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4.In reply, the learned Additional Government Pleader submitted that the authority concerned would once again survey the land in question in the presence of the petitioner and the date may be fixed by this Court for surveying the land and thereafter, appropriate action would be taken in accordance with law. 5.Considering the submissions made by the learned counsel appearing on either side, the authority concerned is directed to once again survey the land in question in the presence of the petitioner on 24.03.2025 at 11.00 a.m., and if it is found that there is any encroachment in the place in question, the authority concerned shall take necessary action for removal of encroachment in the land in question, on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 3/6

6.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. [J.N.B.,J.] & [S.S.Y.,J.] 21.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Office of the District Collector, Tiruchirappalli District.

2.The Divisional Engineer, Office of the Divisional Engineer, National Highways, No.5, Highways Colony, Subramaniyapuram, Tiruchirappalli District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 21.03.2025 6/6