Peraiah. A v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024 CORAM :
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE SUNDER MOHAN A.Peraiah ... Petitioner vs.
1. The District Collector, Collectorate, Tuticorin District-628 101.
2. The Revenue Divisional Officer, Kovilpatti, Tuticorin District-628 501.
3. The Tahsildar Ottapidaram Taluk, Tuticorin District-628 401.
4. The Block Development Officer, Ottapidaram Taluk, Tuticorin District-628 401.
5. The President, Puthiyamputhoor Village Panchayat, Ottapidaram Taluk, Tuticorin District-628 401.
6. The Director General, Department of Highways, 76, Sardar Patel Road, Guindy, Chennai-600 025.
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7. The Divisional Engineer, Highways Department (C & H), 4/1A, Ettayapuram Road, Tuticorin-628 001.
8. The Assistant Divisional Engineer, Highways Department (C & H), Ottapidaram, Tuticorin-628 722.
9. T.Yovan Kalai Selvan
10. T.Jeyakumari
11. D.Sudhagar
12. M.D.Muthu Kumar ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent herein to remove the 9 to 12th respondents encroachment and other encroachment made in the common path of Survey No.25/11, Puthiyamputhoor Village, Ottapidaram Taluk, Tuticorin District and also direct the 6 to 8th respondents take proper action based on the petitioner's representation dated 29.08.2022 within the time fixed by this Court.
For Petitioner : Mr.G.Sakthi Rao For R1 to R3, R6 & R8 : Mr.P.Thilakkumar, Government Pleader For R4 & R5 : Mr.S.P.Maharajan Special Government Pleader For R9 : Mr.N.Dilipkumar For R10 : Mr.S.Muthumalairaja For R11 : Mr.P.Samuel Gunasingh For R12 : Mr.V.Chandra Pandi Page No.2 of 6
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.) The prayer is for removal of encroachment in Survey No.25/11 of Puthiyamputhoor Village, Ottapidaram Taluk, Tuticorin District. 2.
The learned Government Pleader appearing for the respondents 1 to 3, 6 and 8, upon instructions, would submit that the 10th respondent in the writ petition has filed a suit for declaration and permanent injunction and has obtained an ex parte decree. Aggrieved, the Government has filed appeal in A.S.No.16 of 2020 which is stated to be pending. 3.
It is admitted that the said survey number has been classified as road margin. Therefore, any construction put up thereon has to be necessarily an encroachment. No doubt, the 10th respondent has been favoured with a decree by the Civil Court. Therefore, no action can be taken against the 10th respondent. However, there is no bar for taking action for removal of encroachment, if any, made by the respondents 9, 11 and 12. 4.
In the light of the above, there will be a direction to the respondents 1 to 8 to take action against the respondents 9, 11 and 12 to remove the encroachment made by them. Action shall be initiated within a period of twelve weeks from the date of receipt of a copy of this order. Page No.3 of 6
5.
The Writ Petition is disposed of accordingly. No costs. (R.S.M, J.) (S.M, J.) 22.10.2024 Index : Yes / No : Yes / No bala To
1. The District Collector, Collectorate, Tuticorin District-628 101.
2. The Revenue Divisional Officer, Kovilpatti, Tuticorin District-628 501.
3. The Tahsildar Ottapidaram Taluk, Tuticorin District-628 401.
4. The Block Development Officer, Ottapidaram Taluk, Tuticorin District-628 401.
5. The President, Puthiyamputhoor Village Panchayat, Ottapidaram Taluk, Tuticorin District-628 401.
6. The Director General, Department of Highways, 76, Sardar Patel Road, Guindy, Chennai-600 025.
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7. The Divisional Engineer, Highways Department (C & H), 4/1A, Ettayapuram Road, Tuticorin-628 001.
8. The Assistant Divisional Engineer, Highways Department (C & H), Ottapidaram, Tuticorin-628 722.
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R.SUBRAMANIAN, J.
and SUNDER MOHAN, J.
bala ORDER MADE IN DATED : 22.10.2024 Page No.6 of 6