Madras High Court
A.Raman vs The District Collector on 2 March, 2021
WP.No.4855/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 02.03.2021
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
WP.No.4855/2021
A.Raman .. Petitioner
Versus
1.The District Collector
Dharmapuri District,
Dharmapuri.
2.The Revenue Divisional Officer
Harur, Dharmapuri District.
3.The Tahsildar
Pappireddypatti Taluk
Dharmapuri District.
4.Gopal
5.Kumaravel
6.Raji .. Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of mandamus directing the
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1
WP.No.4855/2021
respondents 1 to 3 to remove the encroachments made by the respondents
4 to 6 in the public road running through Survey Nos.23/1B, 23/3A1,
5/1A, 3/5B, 3/8B, 4/3A1 etc in Chinnankuppam Village in
Pappireddypatti Taluk, Dharmapuri District and to restore it to its
original position to have the width as per revenue records and FMB
Sketch within a reasonable time to be fixed by this Court.
For Petitioner : Mr.R.Neelakandan
For RR 1 to 3 : Mr.S.Kamalesh Kumar
Government Advocate
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.]
(1)By consent, the writ petition is taken up for final disposal and is
disposed of by this order.
(2)Mr.S.Kamalesh Kumar, learned Government Advocate accepts notice
on behalf of respondents 1 to 3.
(3)The petitioner claims that the lands comprised in Chinnankuppam
Village S.Nos.23/1B, 23/3A1, 5/1A, 3/5B, 3/8B, 4/3A1 are classified
as ''land marked road'' [epytpay; ghij] and alleging encroachment on the
said lands, the petitioner along with four others, had submitted a
representation dated 22.06.2015 and acting on the same, the office of
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WP.No.4855/2021
the 3rd respondent, vide Memo dated 27.06.2015 in
Na.Ka.NO.1664/2015/B2, has informed the petitioner as to the holding
of enquiry on 02.07.2015 at 11.00 a.m.
(4)The learned counsel for the petitioner would submit that one of the
encroachers, viz., Gopal, S/o.Suruttaiyan @ Vengiya Gounder, filed a
suit in OS.No.84/2015 on the file of the Court of the District Munsif-
cum-Judicial Magistrate, Pappireddypatti and pending the same, also
filed IA.No.617/2015, praying for an order of ad-interim injunction,
restraining the defendants from interfering with the peaceful
possession and enjoyment of the same and the said Interlocutory
Application came to be dismissed on 16.09.2015 and so also the
appeal in CMA.No.4/2015 filed by him on the file of the Court of the
Subordinate Judge, Harur, also came to be dismissed vide judgment
dated 26.07.2017. The grievance expressed by the petitioner is that
despite a lapse of nearly five years and odd, no steps have been taken
by the official respondents to remove the encroachments caused upon
the said land marked road and therefore, the petitioner is constrained
to approach this Court by filing the present writ petition.
(5)Mr.S.Kamalesh Kumar, learned Government Advocate appearing for
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WP.No.4855/2021
the respondents prays for short accommodation to get instructions as
to the latest position in the light of the fact that the last of such
representation was submitted on 12.11.2018.
(6)This Court has considered the rival submissions and also perused the
materials placed before it.
(7)Though the petitioner has prayed for a larger relief, this Court, in the
light of the above facts and circumstances and without going into the
merits of the claim projected by him either in his representation or in
tis writ petition, permits the petitioner to submit a detailed
representation by enclosing relevant and authenticated documents as to
the alleged encroachment caused by the respondents 4 to 6 upon the
above said lands, to respondents 2 and 3, within a period of four weeks
from the date of receipt of a copy of this order/uploading of the order
in the website and upon receipt of the same, the 3 rd respondent is
directed to consider the said representation with the aid of the revenue
records and also putting on notice, the respondents 4 to 6 as well as the
petitioner, and pass appropriate orders within a further period of
twelve weeks thereafter and communicate the decision taken, to the
petitioner as well as to respondents 4 to 6.
(8)The writ petition stands disposed of accordingly. No costs.
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WP.No.4855/2021
[MSNJ] [AANJ]
02.03.2021
AP
Internet:Yes
To
1.The District Collector
Dharmapuri District,
Dharmapuri.
2.The Revenue Divisional Officer
Harur, Dharmapuri District.
3.The Tahsildar
Pappireddypatti Taluk
Dharmapuri District.
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WP.No.4855/2021
M.SATHYANARAYANAN, J.,
AND
A.A.NAKKIRAN, J.,
AP
WP.No.4855/2021
02.03.2021
https://www.mhc.tn.gov.in/judis/
