Balachandra Bose P S @ Ulaganambi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.7178 of 2023 P.S.Balachandra Bose & Ulaganambi ... Petitioner -vs1.The District Collector Dindigul District 2.The Revenue Divisional Officer Dindigul, Dindigul District 3.The Tahsildar Nilakottai Taluk Dindigul District 4.The Executive Officer Batlagundu Town Panchayat Batlagundu, Dindigul 5.The Divisional Engineer, Highways Construction & Maintenance Dindigul

6.The Assistant Divisional Engineer Office of the Assistant Divisional Engineer (Construction & Maintenance) Batlagundu, Dindigul 7.The Superintendent of Police Dindigul District 8.The Deputy Superintendent of Police Nilakottai, Dindigul District 9.The Inspector of Police Batlagundu Police Station Batlagundu, Dindigul ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 6 herein to remove the encroachment on the Highways, its appurtenants, lands belonging to Highways in Survey Nos.1227/1, 1227/2, 1228, 1229, 1230, 1231, 1232, 399, 408 and 411 from Manjalaru River Bridge upto the end of Batlagundu Town Panchayat limit and Kaliyamman Temple, Madurai Highways upto Odai Bridge, within the fourth respondent Town Panchayat as per representation of the petitioner dated 28.12.2022 and submit a detailed report before this Court within a reasonable time fixed by this Court. For Petitioner :

Mr.K.Appadurai For Respondents :

Mr.P.Thilakkumar Government Pleader

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents

2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

3. Though the petitioner has sought for a writ of mandamus directing the respondents to remove encroachments, we do not think we can grant such a prayer in the absence of the alleged encroachers.

4. Considering the fact that the encroachers are many in number and it will be very difficult to serve notice on all of them, the writ petition is disposed of with a direction to the respondents 5 & 6 to have a survey done and take action to remove any encroachment that may be found to exist after following due process of law either under the Tamil Nadu Highways Act, 2001 or under the Tamil Nadu Land Encroachment Act, 1905, depending upon the classification of the land. Such proceedings shall be initiated and completed

within a period of six months from the date of receipt of a copy of this order. The District Collector, Dindigul District / first respondent and the Tahsildar, Nilakottai Taluk, Dindigul District / third respondent are required to render assistance to the Highways Authority in conducting the survey. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 06.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Dindigul District.

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Tahsildar, Nilakottai Taluk, Dindigul District.

4.The Executive Officer, Batlagundu Town Panchayat, Batlagundu, Dindigul.

5.The Divisional Engineer, Highways, Construction & Maintenance, Dindigul.

6.The Assistant Divisional Engineer, Office of the Assistant Divisional Engineer, (Construction & Maintenance), Batlagundu, Dindigul.

7.The Superintendent of Police, Dindigul District.

8.The Deputy Superintendent of Police, Nilakottai, Dindigul District.

9.The Inspector of Police, Batlagundu Police Station, Batlagundu, Dindigul.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) No.7178 of 2023 06.04.2023