Annavi V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2023

CORAM:

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN W.P.(MD) No.20193 of 2023 Annavi V, ... Petitioner Vs

1. The District Collector, Karur District, Karur.

2. The Superintendent of Police, Karur District, Karur.

3. The Divisional Engineer, Highways Department, Karur.

4. The Revenue Divisional Officer, Kulithalai, Karur District..

5. The Tahsildar, Krishnarayapuram Taluk, Krishnarayapuram, Karur District.

6. Santhi, W/o Thangamni, Keeranur Road, Panchapatti, Krishnarayapuram, Karur District.

7. Indhumathi, C/o Santhi, Keeranur Road, Panchapatti, Krishnarayapuram, Karur District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus to Mandamus directing the respondents 1 to 5 to remove the encroachment on public road made by the 6th and 7th respondents in Survey No.242 at Panchapatti Village, Krishnarayapuram Taluk, Karur District within a time frame fixed by this Court.

For Petitioners : Mr.S.Devasena For Respondents :

Mr.S.P.Maharajan for R1, R3 to R5 Government Advocate Mr.T.Senthilkumar for R2 Additional Public Prosecutor

Mr.R.Gowri Shankar for R7

ORDER

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] We have heard Mrs.S.Devasena, learned counsel for the petitioner, learned Special Government Pleader for the respondents 1,3 to 5, the learned Additional Public Prosecutor for the respondent No.2 and the learned counsel for the respondent No.7.

2. The learned counsel for the petitioner submits that after filing of the writ petition, the respondents 6 and 7 have removed major part of the encroachment. However, encroachment in S.No.243 remains.

3. The learned Special Government Pleader for the respondents 6 and 7 submits that the petitioner has constructed commercial complex by encroaching upon the area.

4. The parties may approach the authorities with regard to their grievance. The authority can consider it on its own merits.

5. The writ petition stands disposed of. However, there shall be no order as to costs.

[S.V.G., CJ.] [K.K.R.K, J.] 29.11.2023 NCC : Yes / No Index : Yes / No RR To

1. The District Collector, Karur District, Karur.

2. The Superintendent of Police, Karur District,Karur.

3. The Divisional Engineer, Highways Department,Karur.

4. The Revenue Divisional Officer, Kulithalai, Karur District..

5. The Tahsildar, Krishnarayapuram Taluk, Krishnarayapuram,Karur District.

THE HON'BLE THE CHIEF JUSTICE and K.K.RAMAKRISHNAN, J.

RR W.P.(MD)No.20193 of 2023 29.11.2023