Madras High CourtWP(MD)/21395/2015closed

P.N.P. Ravi, v. The Secretary

2017-09-21Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.21395 of 2015 and M.P(MD)No.1 of 2015 P.N.P.Ravi ... Petitioner Vs.

1. The Secretary, Highways Department, Chennai.

2. The Project Director, Tamil Nadu Road Sector Project-II, No.171, South Kesavaperumal Puram, Greenways Road, Raja Annamalaipuram, Chennai-600 028.

3. The Divisional Engineer (Highways), Tamil Nadu Road Sector Project -II, Behind VMS Marriage Hall, 13th Cross Street, Maharaja Nagar, Tirunelveli-627 011.

4. The District Collector, Tirunelveli District, Tirunelveli.

5. The Tahsildar, Tirunelveli Taluk, Tirunelveli District.

6. The Block Development Officer, Manoor Panchayat Union, Manoor, Tirunelveli District.

7. Mr.Thiyagarajan ... Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to survey the road viz., Tirunelveli-Sankarankovil main road at Manoor bearing Survey No.642 and to remove the illegal constructions made by the respondents 6 and 7 and to develop the said road under the scheme of the Government by protecting the rights of the petitioner in his land bearing Survey No.758/2 (old Survey No.620) measuring 0.05.19 Hectares in Manoor village, Tirunelveli District.

For Petitioner : Mr.G.Prabhu Rajadurai For R1 to R5 : Mr.M.Govindan Special Government Pleader For R6 : Mr.S.Sukumar For R7 : No appearance

O R D E R

[Order of the Court was made by K.K.SASIDHARAN,J.] The respondents have complied with the following order passed by this Court on 11.09.2017.

"The Divisional Engineer, Tamil Nadu Road Sector Project-II, Maharaja Nagar, Tirunelveli, is present in Court today.

2. The learned Special Government Pleader, on instructions from the Divisional Engineer, submitted that the petitioner and the seventh respondent are encroachers.

The competent authority, after enquiry, fixed the compensation payable to the petitioner and the seventh respondent and the same has also been deposited.

According to the Divisional Engineer, the encroachment in question and more particularly, the encroachment put up by the petitioner and the seventh respondent would be removed on or before 20 September, 2017, so as to enable the Project Officer to complete the Project. The Divisional Engineer agreed to file a compliance report after demolishing the superstructure put up by the encroachers as indicated in Survey No.642. We direct the Superintendent of Police, Tirunelveli District, to provide necessary assistance to the Divisional Engineer for removal of encroachment.

3. Post on 21 September, 2017 "for reporting compliance".

2. We therefore close the writ petition. No costs. Consequently, connected Miscellaneous Petition is also closed. Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To