Kaliraj, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2021 CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.(MD) No.22634 of 2021 Kaliraj .. Petitioner Vs.
1.The District Collector, 2.Tahsildar, Srivilliputhur Taluk, 3.Taluk Surveyor, Srivilliputhur Taluk, 4.The Block Development Officer, 5.Ramar 6.Nadathallachi .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus, to direct the respondents 1 to 4 to remove the encroachment made by the respondents 5 and 6 in S.No.594/32 in Aalathoor, Ayyannachiyarkovil Panchayat, Srivilliputhur Taluk, Virudhunagar District, based on petitioner's representation dated 02.06.2021.
For Petitioner : Mr.J.Gunaseelanmuthiah For R1 to R3 : Mr.M.Siddharthan Additional Government Pleader For R4 : Mr.G.Sivaraja
ORDER
[Order of the Court was made by The Hon'ble ACTING CHIEF JUSTICE] The writ petition has been filed seeking a direction on the respondents 1 to 4 to remove the encroachment made by the respondent Nos.5 and 6 on the land in Survey No.594/32 which is a public road.
2. The learned Additional Government Pleader appearing for the respondents 1 to 3 submits that immediately on receipt of the representation of the petitioner, the construction was stopped finding it to be on the land belonging to the public road. It was after conducting spot enquiry by the Revenue Inspector who thereupon sent a report to the Tahsildar, showing the encroachment on the public road. What we find is that despite knowing upon the encroachment on the public road in Survey No.594/32, the encroachment has not been removed, despite a report by the Revenue Inspector after conducting spot enquiry.
3. In view of the above, we dispose of the writ petition with a direction to the respondents 1 to 4 to take further action in the matter to remove the encroachment on the public road in Survey No.594/32, after giving opportunity of hearing to the respondents 5 and 6. The action directed above would be initiated and completed within a period of four months from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar ( T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) bala/ssl Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector,
2.Tahsildar, Srivilliputhur Taluk, 3.Taluk Surveyor, Srivilliputhur Taluk, 4.The Block Development Officer, +1 CC to M/s.SPL GP ( SR-39958,40203[F] dated 22/12/2021 ) +1 CC to M/s.J.GUNASEELANMUTHIAH, Advocate ( SR-39899[F] dated 22/12/2021 ) W.P.(MD) No.22634 of 2021 21.12.2021 RK(31/12/2021) 3P 7C