R.Jegadeesan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2021 CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI R.Jegadeesan .. Petitioner Vs
1. The District Collector, Trichy District, Trichy.
2. The Revenue Divisional Officer, Musiri Revenue Division Office,
3. The Tahsildar, Musiri Taluk Office,
4. The Divisional Engineer, No.14, Abdul Salam Street, Kajanagar, Trichy-20.
5. The Assistant Divisional Engineer,
6. The Assistant Engineer,
7. Sekar ... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the respondents 1 to 6 to remove the encroachment made by the seventh respondent in Survey No.183 classified as 'Salai' situated at Veeramanipatti 1/4
Village, Musiri Taluk, Trichy District on the basis of the petitioner's representation dated 23.10.2018 and 16.02.2019. For Petitioner : Mr.K.Arunraj For respondents : Mr.R.Baskaran, Standing Counsel for Government for R1 to R6 No Appearance for R7
ORDER
[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.K.Arunraj, learned counsel appearing for the petitioner and Mr.R.Baskaran, learned Government Counsel appearing for the respondents 1 to 6.
2. The petitioner has filed this writ petition praying for a direction upon the respondents 1 to 6 to remove the encroachment made by the seventh respondent in Survey No.183, classified as 'Salai' situated at Veeramanipatti Village, Musiri Taluk, Trichy District
3. The allegation is that the seventh respondent has encroached and put up a thatched construction in the Highways land. The writ petitioner's representation had evoked the respondents and by memo dated 29.11.2018, the petitioner was informed that after measuring the area, action would be taken. It appears that till date, no action has been taken.
4. Therefore, we direct the respondents 3 and 4 to take a joint inspection of the area and if it is found that any encroachment is there on revenue land, then the third respondent shall take action and if there is any encroachment in the Highways land, the fourth respondent shall take action.
5. In any event, before taking action, notice shall be issued to the seventh respondent and thereafter only action should be taken.
2/4
6. With the above directions, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
1. The District Collector, Trichy District, Trichy.
2. The Revenue Divisional Officer, Musiri Revenue Division Office,
3. The Tahsildar, Musiri Taluk Office,
4. The Divisional Engineer, No.14, Abdul Salam Street, Kajanagar, Trichy-20.
5. The Assistant Divisional Engineer, 3/4
6. The Assistant Engineer, +1 CC to SPL GP ( SR-21217[F] dated 05/07/2021 ) 02.07.2021 KM(09.07.2021) 4P 8C 4/4