ANITA CHITNIS Vs. DISTRICT COLLECTOR, KANCHIPURAM

JUDGEMENT

(1.) The Writ of Mandamus has been instituted to direct the respondents 1 to 8 to remove the encroachment on the road in front of the petitioner's property and the illegal construction erected therein, by the X respondent comprised in Survey No.548/3A, David Nagar, Padappai, Sriperumbudur Taluk, Kanchipuram District and maintain the road as a road by taking it over from the Davidar Trust.

(2.) Mr.M.K.Kabir, learned Senior Counsel, appearing on behalf of the petitioner, would submit that the petitioner is the absolute owner of the land in Plot No.16 of David Nagar, measuring an extent of 30 cents registered as document No.3012 of 1965. The petitioner is in possession and enjoyment of the said Plot.

(3.) The grievance of the petitioner is that there is an encroachment on the existing 40 feet road and on 20 feet road, Northern side of Plot No.16. As far as the existence of 40 feet road is concerned, there is no dispute between the parties. However dispute exist about 20 feet road.