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2017 Supreme(Mad) 2665

M.SATHYANARAYANAN, N.SESHASAYEE
K. Annadurai – Appellant
Versus
Assistant Engineer, National Highways, Tindivanam Division – Respondent


Advocates Appeared:
For the Petitioner: Mr. E. Parivallal.
For the Respondent: Mr. Venkataswamy Babu, SPC.

ORDER :

M. SATHYANARAYANAN, J.

1. By consent, the writ petition is taken up for final disposal.

2. The petitioner claims that he is running a tea stall in Manalur Pettai Selection Grade Town Panchayat, Thiruvannamalai Main Road, Thirukovilur-605 754, for more than 25 years and paid statutory levies and also Electricity Consumption Charges and it is the sole source of his livelihood. The petitioner would further submit that one Mr. Ismail was residing near to his residence and attempted to trespass into his property and also lodged false complaint to the Highways authority, based on which, attempts were made to dispossess the petitioner from the property and challenging the same, he filed W.P.26350/2012, wherein the Executive Authority, Highways Department has filed counter affidavit stating that steps are taken to remove the encroachment as per the earlier order of this Court dated 07.01.2010 in W.P.No.14232/2009 and recording the said fact, the writ petition filed by the petitioner was dismissed. Thereafter, the respondent herein has issued the impugned notice alleging that the writ petitioner as an 'encroacher'. Therefore, they are to evict him by invoking the provisions of Control











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