M. CHITRA Vs. DIVISIONAL ENGINEER, HIGHWAYS DIVISIONAL OFFICE

JUDGEMENT

(1.) THE petitioner complains of encroachments, alleged to have been committed by respondents 2 to 4, in the State Highways. According to her, in front of her house, the respondents 2 to 4 have put up small bunk stalls and thereby obstructing her free movement and such action is causing very difficult to her ingress and egress to her house and therefore the petitioner has come forward with this writ petition seeking a direction to the 1st respondent, namely the Divisional Engineer, Highways Department, Dindigul District, for removal of such encroachments. It is seen that the petitioner has a made representation to the 1st respondent on 15.02.2012 and it is the grievance of the petitioner, the same was not taken into consideration.

(2.) HEARD the learned counsel for the petitioner and the learned Government Advocate, who has taken notice on behalf of the 1st respondent.

(3.) IT is stated in the affidavit that in front of the petitioner's house, in between the road and her house, the respondents 2 to 4 are said to have put up small shops, which is purely a dispute between the petitioner and the alleged encroachers. Section 133 of the Criminal Procedure Code empowers such a person, who has been deprived of any right or interest, can also move the concerned Magistrate seeking for remedy. In the decision cited supra, in paragraph Nos.5, 14 to 18, 22, 23 and 24, the Division Bench has held as follows: