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2015 DIGILAW 2054 (MAD)

Kandhasamy v. The District Collector, (Societies), Tirunelveli District

2015-04-29

R.MAHADEVAN

body2015
Judgment The petitioner seeks for a Mandamus directing the respondents to consider his representation dated 19.8.2014 seeking to remove the encroachments made in front of his house and shops situated in D.No.1 1/1, 247, 249, 251, 253, 253/1, 253/2, 253/3 and 254/4 in Ramasmiyapuram 2nd street, Sanakranakovil, Sankarankovil Taluk, Tirunelveli district. 2. The case of the petitioner is that he is the owner of dwelling houses bearing D.Nos.1 & 1/1 in Ramasamiyapuram 2nd street, Sankarankovil, Tirunelveli District and in the front portion facing the Sankarankovil-Rajapalayam 8th main road, he owned four shops in the ground floor and four shops in the first floor bearing D.Nos. 247, 249, 251, 253, 253/1, 253/2, 253/3, and 254/4. In the month of July, 2014, the mini-load lorries encroached the front portion of his house and shops. Virtually, they have affected the ingress and egress to his dwelling house and his shops. Hence, he gave representations on 19.08.2014 and 10.11.2014. As the said representations have not been considered so far, the petitioner has come before this Court. 3. The fourth respondent filed a counter affidavit stating that they have started necessary action for removal of the said illegal encroachments made by the mini lorries. Further, the dispute comes under the control of the fifth and sixth respondents, who have got the responsibilities to earmark the main road and encroachments. The relevant paragraph Nos.7 and 8 read as follows:- “7. This respondent herein humbly submits that the averments of the petitioner in so far as he is the owner of the property as mentioned in the affidavit so also payment of property tax are matter of record. Further on receipt of the representation dated 19.08.2014 from the petitioner about the illegal parking of the mini lorries and various hazards created due to the illegal parking before the property of the petitioner more fully 8th main road i.e., Rajapalayam-Sankarankovil Main Road, we have started to take necessary action for the removal of the said illegal encroachments made by the mini lorries. Further in the same regard we have also received number of complaints from other public also. Further, it came to our notice that some accidents took place in the main road due to traffic congestion created by the mini load lorries while starting the vehicles and or at the time of parking and reversing of the same in the main road. 8. Further, it came to our notice that some accidents took place in the main road due to traffic congestion created by the mini load lorries while starting the vehicles and or at the time of parking and reversing of the same in the main road. 8. It is respectfully submitted that the disputed road as stated above is not under our direct control. It comes under the control of the 5th respondent i.e., Highways Department and it is the 6th respondent Tahsildar herein who has got the responsibility to earmark the main road and encroachments. Our municipality in close liaison with the respondents 5 and 6 herein are working out the modalities and are taking necessary steps to remove the encroachments made by the mini load lorries and also to stop the movement of the mini load lorries on the said main road. Further, the number of mini lorries parked in the said road is very large in number, there is great difficulty in identifying their registration number. Further on receipt of the representation of the petitioner dated 19.08.2014 we have started discussions with the 5th and 6th respondents who are more fully with the active cooperation of the respondents 7 and 8 herein i.e., police authorities also. Thus, sufficient time is required to coordiaate with all the above respondents and authorities and emulate certain new procedures which should not hamber the movement of the public so also other transport vehicles on the road and thus stop illegal movement/parking of the mini lorries and further to identify an alternative and suitable place for the mini lorries to unload their materials.” 4. Heard learned counsel appearing on either side. 5. As agreed by the fourth respondent in the counter affidavit, the encroachment would be removed with the assistance of the police authorities as well as the Highways Department. It is always open to the fourth respondent to approach the police authorities for necessary assistance to remove the encroachments. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 6. With the above direction, this Writ Petition stands disposed of. No costs.