N. STEPHEN DEVAKUMAR Vs. DISTRICT COLLECTOR AND OTHERS

JUDGEMENT

(1.) By consent, the writ petition is taken up for final disposal. Mr.R.Udhayakumar, learned Additional Government Pleader accepts notice on behalf of the respondents.

(2.) The petitioner claims to be the owner of the land admeasuring to an extent of 4712 sq.ft., comprised in S.No.48/4, Plot No.4 and 5, Koothapakkam Village, through a registered Sale Deed bearing Doc.no.2222/2003 dated 11.09.2003, registered on the file of the office of the Sub Registrar, Cuddalore and after purchase, he had put up a superstructure and claims to be in possession of the same. The grievance expressed by the petitioner is that the encroachers had encroached upon the portion of the land belonging to the Tamil Nadu State Highways in Cuddalore-Thirukovilur-Sankarapuram Road Km. 2/4 -Junction Road and in this regard, representations have been submitted to the officials concerned for removal of the encroachments. The Assistant Divisional Engineer, Highways, Construction and Maintenance, Cuddalore, the 4th respondent herein, vide his communication date 10.04.2017 in Letter No.254/2017/,/t/m addressed to the 3rd respondent herein, requested the 3rd respondent to survey and measure the boundaries of the Highways by engaging the services of the Land Surveyor. The very same official also requested the Sub Collector, Revenue Department, Cuddalore, vide communication dated 13.07.2017 in Letter No.255/2017/,/t/m to treat it as a special case and with the help of the Surveyor, measure the boundaries of the Highways and give a report and repeated communications have emanated from the State Highways Department.

(3.) The grievance now expressed by the petitioner is that despite such a communication, no steps have been taken to measure the land in question to demarcate the boundaries of the State Highways Road and taking advantage of the same, many more encroachments are taking place and in this regard, the petitioner has also submitted representation dated 27.09.2017 to the 2nd respondent and despite receipt and acknowledgement, no action has been taken so far and hence, the petitioner is constrained to approach this Court by filing the present writ petition.