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2023 DIGILAW 3089 (MAD)

AFT Rajiv Gandhi Nagar Kudiyiruppor Nalachangam Rep. by its President Rajasekaran, Pondicherry v. Chief Secretary, Chief Secretariat, U. T. of Puducherry

2023-09-13

P.D.AUDIKESAVALU, SANJAY V.GANGAPURWALA

body2023
JUDGMENT (Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 6 remove the encroachment made by the 7th respondent on the public road to an extent of 10 feet x 252.5 feet in the 20 feet AFT Rajiv Gandhi Nagar Main Road, Thavalakuppam Revenue Village, Ariyankuppam Commune, Pooranankuppam post, Puducherry.) SANJAY V. GANGAPURWALA, C.J. 1. Heard Mr.K.S.Ilangovan, learned counsel for the petitioner and Mr.S.Raveekumar, learned Government Pleader (Puducherry) for the respondents 1 to 6. 2. According to the petitioner, there is an encroachment on the public road in the layout. An enquiry was conducted by the respondent Authorities and the Taluk Office, Government of Puducherry has also informed the Deputy Collector (Revenue) (North) about the existence of the encroachment after the enquiry. 3. It is submitted that the seventh respondent has filed a civil suit impleading the petitioner as well as the Government Officers as parties and the said suit is at the stage of evidence. 4. We are not aware whether there is any order of injunction in force. According to the learned counsel for the petitioner, order of injunction does not exist. Learned Government Pleader (Puducherry) submits that if there is no order of injunction in force, then the Authorities would proceed, in accordance with law, with regard to the encroachment. 5. In view of the said submissions, the writ petition stands disposed of. There will be no order as to costs.