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2017 DIGILAW 1757 (MAD)

K. Paramasivam v. District Collector, Tiruchirapalli

2017-06-20

A.SELVAM, N.AUTHINATHAN

body2017
ORDER : 1. This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 4 to remove encroachments which are in existence in Survey No. 1/7 classified as a road, by way of issuing a writ of mandamus. 2. Mr. K. Guru, learned Additional Government Pleader, has taken notice for the respondents 1 to 3 and Mr. Baskarapandian, learned counsel, has taken notice for the fourth respondent. Considering the nature of the relief sought in the writ petition and also classification of Survey No. 1/7, notice need not be sent to the respondents 5 and 6. 3. The contention put-forth on the side of the petitioner is that the fifth respondent has made certain encroachments in Survey No. 1/7 and the same is nothing, but a layout road and vested with the fourth respondent and since the fifth respondent has made certain encroachments in Survey No. 1/7, the present writ petition has been filed for getting the relief sought therein. 4. In fact, this Court has perused the relevant records and ultimately found that the disputed area is a proposed road. 5. The main contention put-forth on the side of the petitioner is that the fifth respondent has made certain encroachments in the proposed road of the layout mentioned in the petition. 6. Considering the fact that Survey No. 1/7 is nothing, but a layout road and also considering the contention put-forth on the side of the petitioner against the fifth respondent, this Court is inclined to pass the following order. 7. In fine, this writ petition is allowed in part without costs and the fourth respondent is directed to conduct proper survey after giving due notice to concerned parties in respect of Survey No. 1/7 and if there is any encroachment directed to remove the same under due process of law within a period of two months.