M. MARIYAPPAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner in the affidavit filed in support of this Writ Petition would aver among other things that the landed properties comprised in S.F.Nos.107/5B, 107/7B, 20/A, 21/A, situated at Kolnayakanpatti Village, Mettur Taluk, Salem District, belong to the Public Works Department and the said lands are used as a public road / pathway, and some portion of it is also classified as water body / water way. It is the specific case of the petitioner that the private respondents had encroached upon part of the said lands and started putting up superstructures and he has sent representations dated 28.02.2019 and 22.08.2019, to the official respondents. The 1 st respondent, upon receipt of the representations, has directed the 2 nd respondent, vide communication dated 13.09.2019 in No.O.Mu.24285/2019/K2, to cause survey and inspection, in accordance with the relevant rules and despite such a direction emanated from the superior official, the rest of the official respondents did not act and therefore, he is constrained to approach this Court by filing this Writ Petition.

(2.) The matter was entertained on 23.09.2020 and when the case was listed on 05.01.2021, the respective learned counsel appearing for the respondents prayed for further accommodation to file a counter affidavit with supporting documents.

(3.) Mr.R.Vijayakumar, learned Additional Government Pleader accepts notice on behalf of the official respondents and would submit that as on today, the eviction proceedings are going on, by recourse to due process of law.