P. KUMAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner, complaining that the fourth respondent has encroached upon a public road, has come forward with this writ petition seeking to issue a Writ of Mandamus directing the respondents 1 to 3 to remove such encroachment caused by the fourth respondent in 40 feet road located at the land in Survey No. 1954/1B, Anna Nagar, Dindigul Town within a time frame as may be fixed by this Court.

(2.) According to the petitioner, his father Late. Pappu purchased the land bearing Plot No. 6 in an approved layout comprised in Survey No. 1954/1B in Anna Nagar, Dindigul Town by way of a registered sale deed dtd. 26/9/1975 and from then his father was in possession of the land. On 12/8/2020, the father of the petitioner died leaving behind the petitioner's mother, the petitioner, his two brothers and a sister to succeed his estate. It is further stated that on the Northern side of Plot No.6, there was a 40 feet road which serves as the access to reach Plot No.6 belonged to the petitioner's family from the Eastern side. The grievance of the petitioner is that the fourth respondent, by encroaching the 40 feet road on the Northern side of his Plot bearing Plot No.5 proceeded with a construction, unauthorisedly. It is stated that the second respondent Corporation is maintaining the 40 feet road which is also specifically indicated in the layout approval in respect of the Plot No.6 purchased by the petitioner's father. While so, the fourth respondent has no right to proceed with a construction in the public Road. In this context, the petitioner submitted representations on 10/2/2022, 21/2/2022 and 28/2/2022 to the respondents 1 to 3 seeking to take action against the fourth respondent for having put up construction in the 40 feet road. However, the respondents 1 to 3 did not take any action on such representations, therefore, he has filed this writ petition.

(3.) The learned counsel appearing for the petitioner reiterated the averments made in the writ petition and submitted that the fourth respondent had encroached public road and putting up a construction thereof. Even though representations have been sent, the respondents 1 to 3 failed and neglected to take any action and therefore, he prayed for issuing a Mandamus.