A.JAGAN Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition has been filed by the residents of New Daniel Thomas Nagar, Thanjavur-7 seeking removal of the encroachments said to have been made by respondents 4 to 13 in the public road situate near Pillyarpatti railway quarry line. The petitioners have given representation dated 15 October 2012 to the District Collector, Thanjavur and the Commissioner, Thanjavur Municipality (now Corporation) in this regard. Since no action was taken, the present writ petition has been filed.

(2.) Heard Mr.M.R.S.Prabhu, learned counsel appearing for the petitioners and Mr.M.Govindan, learned Special Government Pleader appearing for the first respondent, Mr.M.Joseph Thatheus Jerome, learned counsel for Mr.S.Pakalavan appearing for the second respondent and Mr.V.K.Vijayaraghavan, learned counsel appearing for the third respondent.

(3.) The petitioners state that Daniel Thomas Nagar was formed more than six decades ago by the third respondent Society. Lands were acquired by the Government and given to the third respondent Society for the purpose of plotting and selling the same to the members. The third respondent Society owned the lands comprised T.S.Nos.3103, 3104, 3105, 3106 and 3107. An appropriate lay out was formed leaving provision for roads and public places. On all the four sides, roads were provided for. Unfortunately, the northern road was substantially encroached upon. The roads were gifted by the Society to the local body. As on date, the said roads stand in the name of the local body only. They are being maintained as such by local body. Therefore the local body has duty to maintain roads free of encroachments. Since this duty has not been discharged in the case of the encroachment committed in respect of the road lying on the northern side, representations were given. Since there was no action initiated there on, the present writ petition has been filed.