M. Ramuthaiyammal v. The Divisional Engineer (Highways)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.14033 of 2020 M.Ramuthaiyammal ... Petitioner -Vs1.The Divisional Engineer (Highways), Highways Divisional Engineer Office, Deputy Collector Office Road, Dindigul District.

2.The Sub-Divisional Engineer (Highways), Highways Sub-Divisional Engineer Office, Moonjikal, Kodaikanal, Dindigul District.

3.Prakash 4.Chandran @ Manoharan 5.Kanna Krishnan 6.Muthammal ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to remove the encroachments in the land in Survey No.447 I.e., the land situated just abetting on the south side of the petitioner's land having an extent of 4 Acres and 62 Cents comprised in Survey No.459, Moolaiyar Post, Pannaikkadu Village, Kodaikanal Taluk, Dindigul District on the basis of the petitioner's representation to the respondents dated 20.02.2020. For Petitioner : Mr.I.Sam Jegan For R1 and R2 : Mr.P.Thilak Kumar, Government Pleader For R3 to R5 : Mr.C.Mayilvahana Rajendran For R6 : No Appearance

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to remove the encroachments made in the land in Survey No.447 situated at Moolaiyar Post, Pannaikkadu Village, Kodaikanal Taluk, Dindigul District on the basis of the petitioner's representation given to the respondents dated 20.02.2020.

2.Today, when the matter was taken up for hearing, the learned Government Pleader for the respondents 1 and 2, on instructions, submitted that there are encroachments as projected by the petitioner and the same would be removed by the authorities concerned, after issuing notice to the parties concerned and by following due process of law within a time frame. 3.Recording the aforesaid submission, this Writ Petition stands disposed of, directing the authorities concerned to remove the encroachment, after affording sufficient opportunity to all the parties concerned and by following due process of law, within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. [R.M.D., J.] & [J.S.N.P., J.] 10.11.2022 Index : Yes / No Internet : Yes / No Myr

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr To 1.The Divisional Engineer (Highways), Highways Divisional Engineer Office, Deputy Collector Office Road, Dindigul District.

2.The Sub-Divisional Engineer (Highways), Highways Sub-Divisional Engineer Office, Moonjikal, Kodaikanal, Dindigul District.

W.P.(MD)No.14033 of 2020 10.11.2022