Perumal V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and WMP(MD)No.21668 of 2022 V.Perumal ... Petitioner vs.

1. The District Collector, Collectorate, Tiruchirapalli District.

2. The Revenue Tahsildar, Musiri Vattam, Tiruchirapalli District.

3. The Revenue Divisional Officer, Revenue Divisional Office, Musri, Trichy District.

4. The Revenue Inspector, Public Works Department PWD, Duraiyur Taluk, Tiruchirapalli District.

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5. The Assistant Divisional Engineer, Tamil Nadu Highways, Construction and Maintenance Sub Division, Duraiyur, Trichy District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondent Nos.1 to 4 to remove the encroachment made by the Respondent No.5 by laying Road and obstruction in public road, which belongs to Highways to Trichy (Na) Ka (M) Pa Kottam - Draiyur (Na) Ka (m) Pa sub-division - Musiri Vattam - Pulivalam Village Trichy, Duraiyur Highways (SH-62) by considering the representation dated 06.10.2022 made by the petitioner within the time stipulated by this Court.

For Petitioner : Mr.Ramamurthy For Respondents : Mr.P.Thilakkumar, Government Pleader

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) The prayer in this writ petition is for issuance of a Writ of Mandamus, directing the respondent Nos.1 to 4 to remove the encroachment made by the Respondent No.5 by laying Road and obstruction in public road, which belongs to Highways to Trichy (Na) 2/5

Ka (M) Pa Kottam - Draiyur (Na) Ka (m) Pa sub-division - Musiri Vattam - Pulivalam Village Trichy, Duraiyur Highways (SH-62), by considering the representation dated 06.10.2022 made by the petitioner within a time frame.

2.

Learned Government Pleader appearing for the respondents has produced the status report dated 11.12.2022 filed by the 5th respondent and submitted that all the encroachments in the place in question except one Pillaiyar Temple situated in 20 square meters in Survey No.441 have been removed by following due process of law, without any delay.

3.

Recording the said submission, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K.,J.] & [R.V.,J.] NCC : Yes / No 02.01.2023 Index : Yes / No Internet : Yes 3/5

bala To

1. The District Collector, Collectorate, Tiruchirapalli District.

2. The Revenue Tahsildar, Musiri Vattam, Tiruchirapalli District.

3. The Revenue Divisional Officer, Revenue Divisional Office, Musri, Trichy District.

4. The Revenue Inspector, Public Works Department PWD, Duraiyur Taluk, Tiruchirapalli District.

5. The Assistant Divisional Engineer, Tamil Nadu Highways, Construction and Maintenance Sub Division, Duraiyur, Trichy District.

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D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

bala ORDER MADE IN DATED : 02.01.2023 5/5