Vijayakumar K v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025 CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE K.Vijayakumar ... Petitioner vs.
1. The District Collector, Karur District, Karur.
2. The Divisional Engineer, Construction and Maintenance, State Highways Department, Karur Division, Karur.
3. The Assistant Divisional Engineer, Construction and Maintenance, State Highways Department, Karur Division, Karur.
4. Suresh Sindhu Marriage Centre, Kuppam Village, Pugaloor Taluk, Karur District.
... Respondents Page No.1 of 5
Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments caused on the State Highways land by the 4th respondent by constructing shops on the Noyal - Paramathi State Highways in S.No.999, Kuppam Village, Pugaloor Taluk, Karur District, and obstructing the connecting road to Athipalayam within a time frame fixed by this Court on the basis of the representation of the petitioner dated 06.06.2023.
For Petitioner : Mr.D.Kirubakaran For R1 to R3 : Mr.S.Shaji Bino Special Government Pleader For R4 : Mr.M.Deepan Chakravarthi
ORDER
(Order of the Court was made by M.S.RAMESH, J.) This writ petition has been filed for a Mandamus, directing the respondents 1 to 3 to remove the encroachments on the State Highways land, by the 4th respondent by constructing shops on the Noyal - Paramathi State Highways in S.No.999, Kuppam Village, Pugaloor Taluk, Karur District, and obstructing the connecting road to Athipalayam, on the basis of the representation of the petitioner dated 06.06.2023.
Page No.2 of 5
2.
Alleging encroachment on the State Highways land by the 4th respondent in the above said survey number, the petitioner made a representation dated 06.06.2023 to the respondents 1 to 3, to take appropriate action and finding no heed to it was paid, he has filed the present writ petition.
3.
Heard both sides.
4.
Since there is a considerable lapse of time after the earlier representation was made, the petitioner herein is granted liberty to give a fresh representation to the concerned respondent, ventilating his grievances, as expeditiously as possible. On receipt of such a representation, the concerned respondent is directed to consider the same, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the private respondents, as well as to any other person, who may be interested in the subject matter, within a period of three (3) months from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and Page No.3 of 5
that it is open to the concerned respondent to consider the same, on its own merits.
5.
With the above direction, the Writ Petition stands disposed of. No costs.
(M.S.R, J.) (A.D.M.C, J.) 24.01.2025 Index : Yes / No bala To
1. The District Collector, Karur District, Karur.
2. The Divisional Engineer, Construction and Maintenance, State Highways Department, Karur Division, Karur.
3. The Assistant Divisional Engineer, Construction and Maintenance, State Highways Department, Karur Division, Karur.
Page No.4 of 5
M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
bala ORDER MADE IN DATED : 24.01.2025 Page No.5 of 5