Senthilvelan .G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) No.15611 of 2023 G.Senthilvelan ... Petitioner -vs1.The District Collector Office of the District Collector Thanjavur District 2.The Assistant Director (Panchayats) Office of Assistant Director of Panchayats Thanjavur District 3.The Revenue Divisional Officer Office of Revenue Divisional Officer Thanjavur District 4.The Block Development Officer (Village Panchayat) Orathanad Taluk Thanjavur District

5.The Tahsildar Taluk Office Orathanad Taluk Thanjavur District 6.The President Peyakarumban Kottai Village Panchayat Orathanad Taluk Thanjavur District 7.Chinnasamy ... 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 encroachments made by the seventh respondent and his men herein on the panchayat roads in R.S.Nos.45/1, 45/2A & 45/9 in the sixth respondent village panchayat and consequently direct the respondents 1 to 6 herein to lay a thar road pending from 1998 and maintain the same ever free from encroachment and subjecting the seventh respondent and his men for criminal prosecution by the third respondent herein in accordance with law as per the representation of the petitioner dated 16.05.2023 to the first respondent.

For Petitioner :

Mr.P.Vadivel For Respondents :

Mr.N.Satheesh Kumar Additional Government Pleader for R1 to R5 Mr.J.Ashok for R6 Mr.A.Senthil Kumar for R7

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The relief sought for in this writ petition is to direct the respondents 1 to 6 to remove the encroachments made by the seventh respondent and his men on the panchayat road in R.S.Nos.45/1, 45/2A & 45/9 in the sixth respondent village panchayat and to direct the respondents 1 to 6 to lay a thar road and maintain the same ever free from encroachment and take action against the seventh respondent and his men, based on the representation of the petitioner dated 16.05.2023.

2. Learned Additional Government Pleader appearing for the respondents 1 to 5, on instructions, submitted that the third respondent / Block Development Officer has already submitted a report and based on the

same actions are being taken to conduct a survey and to remove encroachments, if any.

3. Since the process of conducting survey and removal of encroachments, if any identified, has already been commenced, the official respondents are directed to proceed with the same by following the procedures as contemplated and remove the encroachments, if any identified, as expeditiously as possible.

4. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [V.L.N., J.] 07.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Office of the District Collector, Thanjavur District.

2.The Assistant Director (Panchayats), Office of Assistant Director of Panchayats, Thanjavur District.

3.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Thanjavur District.

4.The Block Development Officer, (Village Panchayat), Orathanad Taluk, Thanjavur District.

5.The Tahsildar, Taluk Office, Orathanad Taluk, Thanjavur District.

S.M.SUBRAMANIAM, J.

and V.

LAKSHMINARAYANAN , J.

krk and W.M.P.(MD) No.15611 of 2023 07.11.2023