K.CHINNUSAMY Vs. PRINCIPAL DIRECTOR HIGHWAY DEPARTMENT GUINDY

JUDGEMENT

(1.) The Writ Petitioner claimed to be a Public Interest Litigant, came forward to file this writ petition styled as Public Interest Litigation alleging that respondents 8 to 10 had caused encroachment of the land belonging to Highways and also put up structures. On account of the same, the road users are put to extreme hardship and difficulty and some inconvenience is also caused to them. The Petitioner in this regard, submitted a representation dated 08.01.2019 to the concerned officials to remove the encroachments, in Mettur to Salem Main Road and pass appropriate orders. The writ petition was entertained on 21.06.2019.

(2.) The Assistant Divisional Engineer[Highways (C&M), Omalur] - 5th respondent has filed counter affidavit dated 08.07.2019, wherein, he took a stand that the Assistant Engineer (Highways) Construction and Maintenance, Mecheri Section, addressed a letter No.22/Encroahcment/01- 2019/AE dated 22.01.2019 and the Assistant Divisional Engineer also written a letter vide No.03/2019/JDO/dated 29.01.2019 to the Tahsildar, Mettur, to determine and mark the exact boundaries of the Highway land, so as to ascertain whether there is any encroachment as claimed by the petitioner. It is further stated in the said counter affidavit that respondents 8 and 9 had already filed a suit in O.S.No.19 of 2013 before the District Munsif, Mettur, praying for permanent injunction, restraining the defendants, their men and subordinates from interfering with the peaceful possession and enjoyment in the suit property except under due process of law and it was also decreed as prayed for on 09.11.2018. Further, the 5th respondent also filed additional counter affidavit dated 20.11.2019 and took a stand that the land comprised in S.No.247/1A, Mecheri Village, Salem District, is classified as Road Margin and it is the margin for both the Highways Department Road and Town Panchayat Road on Northern side and Western side respectively and the entire portion of the land in S.No.247/1A contains parts belonging to the said departments and further subdivision is yet to be done and in this regard, a letter dated 01.11.2019 was addressed to the Tahsildar, Mettur, for effecting necessary corrections in the village records.

(3.) The 5th respondent took a stand that once the land is surveyed and divided and vested with respective departments, steps will be taken in accordance with law, for eviction of encroachment and he would further add that the lands in S.No.247/1A, are abutting Omalur Mecheri State Highways and it is required for road development for the purpose of ensuring better road traffic and that apart Mettur-Attur major drinking water scheme pipeline also runs underneath the said lands and the land is required for the maintenance of the said pipeline.