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1976 Supreme(Mad) 325

G.RAMANUJAM
P. Ramaswamy – Appellant
Versus
The Assistant Engineer, Highways and Rural Works Department, Nagapattinam – Respondent


Advocates:
R. G. Rajan, for Petitioner.
Miss B. Venkatalakshmi, for Government Pleader, for Respondent.

ORDER.- The petitioner claims to be the owner of the premises No. 34-A, Thanjavur Road, in Vijayapuram, Tiruvarur. The premises consists of S. No. 567/1 of an extent of about 12197 sq. ft. and S. No. 559 of an extent of about 3000 sq. ft. On these two survey numbers, the petitioner has constructed a saw mill and other superstructure consisting of 9 shops and one office-room. These constructions were put up after getting the building plans sanctioned by Tiruvarur Municipality in the years 1962 and 1973.

2. However, the respondent with his men is said to have visited the premises on 27th January, 1975 and started demolishing the compound wall. The petitioner immediately brought the matter to the notice of the District Collector, Thanjavur. Thereafter on 29th January, 1975, the respondent again is said to have come to the premises and attempted to demolish the shops with the assistance of the men brought by him. The petitioner resisted this attempt. Thereafter on 30th January, 1975 the petitioner was served with a memo. dated 29th January, 1975 which is to the effect that as the petitioner has encroached on the road he must remove the encroachment within 24 hours. The petitioner, appre




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