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2016 DIGILAW 2139 (MAD)

B. Hemanthraj v. District Collector Tiruvallur District Collectorate, Tiruvallur

2016-07-06

H.G.RAMESH, M.V.MURALIDARAN

body2016
ORDER : HULUVADI G.RAMESH, J. The petitioner seeks for issuance of a writ of mandamus, directing the respondents 1 to 6 to forthwith take necessary steps to remove all the illegal encroachments made by the seventh respondent, his men, agents, etc., and/or by any other person in the 30 feet public road, abutting which the petitioner's property bearing Plot No.3, Rajiv Gandhi Nagar, Thathankuppam, Villivakkam, Chennai 600 049 is situated. 2. Heard the learned counsel for the petitioner and the learned Special Government Pleader taking notice on behalf of the respondents 1 to 6. 3. According to the petitioner, he is the owner of the property measuring an extent of 1300 square feet bearing Plot No.3, Rajiv Gandhi Nagar, Thathankuppam, Villivakkam, Chennai-49 and has been in possession and enjoyment of the same till date. There is also a 30 feet public road and the said road serves as access to the property of the petitioner as well as to the other properties in the street. It appears that one Mr.Balasrikanth, the seventh respondent herein has encroached upon the said 30 feet public road by putting up a hut just in front of the petitioner's property causing disturbance to the public and the residents of the street. In this regard, the petitioner has also submitted a representation to the respondents 1 to 6 on 23.6.2016 seeking for appropriate action to be initiated against the encroachers and to remove the encroachment, which was being used by the public and the residents of the street. Since the said representation has not been considered till date, he is before this Court. 4. Considering the grievance espoused by the petitioner, we direct District Collector, Tiruvallur District and the subordinate authorities, the respondents 1 to 6 herein to consider the representation of the petitioner dated 23.6.2016 for removal of the encroachment by way of hut put up by the seventh respondent on the public road and to take appropriate action in accordance with law, after due notice to the seventh respondent, within a period of two months from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.