Vasudevan .R v. The Project Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Vasudevan ... Petitioner -vs1.The Project Director, State Highways Department, Alagarkovil Road, Thamaraithotti, K.Pudur, Madurai.
2.The Divisional Engineer, State Highways Department, Bungalor Medu, Theni.
3.The District Revenue Officer, Theni District, Theni.
4.Muthukumar 5.Thavamani 6.The Tahsildar, Theni Taluk, Theni District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to remove the encroachments made by the respondents 4 and 5 herein in S.Nos.133/2 and 7/4 in State Highway Road in Veerapandi Village, Theni Taluk, Theni District.
For Petitioners :Mr.P.Sivachandran For R-1 to R-3 & R-6 :Mr.S.P.Maharajan, Special Government Pleader
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.S.P.Maharajan, learned Special Government Pleader takes notice for respondents 1 to 3.
2. This writ petition is filed to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to remove the encroachments made by respondents 4 and 5 herein in S.Nos.133/2 and 7/4 in State Highway Road in Veerapandi Village, Theni Taluk, Theni District.
3. It is seen that the Assistant Engineer, Construction and Maintenance Wing, Highways Department, Theni, has addressed the Tahsildar, Theni Taluk, seeking survey of the land which has been allotted to the Highways Department on 25.07.2024.
4. The learned Special Government Pleader appearing for the respondents 1 to 3, would submit that the report of the Tahsildar is awaited.
5. We find that the Tahsildar, Theni Taluk, has not been impleaded as a party in this writ petition. Considering the fact that the encroachment is alleged over a Highway, the Tahsildar, Theni Taluk, Theni District, is suo motu impleaded as a party in this writ petition and ranked as the sixth respondent.
6. Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the sixth respondent also. Since we are not passing any adverse orders in this writ petition, notice to the newly added sixth respondent is deemed unnecessary.
7. The Tahsildar, Theni Taluk, Theni District, is directed to survey the area in question and furnish the particulars of encroachment if any on the land allotted to the Highways Department within a period of two months from the date of receipt of a copy of this order. If the Tahsildar's report discloses any encroachment, the Highways Department will take action under Section 28 of the Tamil Nadu Highways Act, 2001, to remove the encroachment within a period of four months therefrom.
8. This writ petition is disposed of with the above directions. No Costs.
[R.S.M., J.] [L.V.G., J.] 21.08.2024 NCC :
Yes/ No Index :
Yes/No Internet :
Yes PM
To:
1.The Project Director, State Highways Department, Alagarkovil Road, Thamaraithotti, K.Pudur, Madurai.
2.The Divisional Engineer, State Highways Department, Bungalor Medu, Theni.
3.The District Revenue Officer, Theni District, Theni.
4.The Tahsildar, Theni Taluk, Theni District.
R.SUBRAMANIAN , J.
and L.VICTORIA GOWRI , J.
pm 21.08.2024