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2022 Supreme(Mad) 1570

PARESH UPADHYAY, R. VIJAYAKUMAR
S. Soundararajan – Appellant
Versus
District Collector, Dindigul – Respondent


Advocates appeared:
For the Petitioner:S. Srinivasa Raghavan, Advocate. For the Respondents:R1 to R3, J. Ashok, Additional Government Pleader, R4, J. Lawrance, Advocate, R5, No Appearance.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 1 to 3 herein to forthwith remove the illegal encroachment made by the respondents 4 and 5 herein on public road laid in Survey Nos. 78/2, 86/2,86/1A & 86/1B in Manalur Village, Athur Taluk, Dindigul District denying right of access to the users of public and to the patta lands in Survey Nos. 91/1, 91/2, 89/1B, 87/2A, 87/2B, 87/1A, 87/3, 96/1, 96/3 in Manalur Village, Athur Taluk, Dindigul District and consequently direct respondents 1 to 3 herein to maintain the same free from access.)

R. Vijayakumar, J.

1. The present writ petition has been filed for a Writ of Mandamus, seeking a direction to respondents 1 to 3 herein to forthwith remove the illegal encroachment made by the respondents 4 and 5 herein on public road laid in Survey Nos. 78/2, 86/2,86/1A & 86/1B in Manalur Village, Athur Taluk, Dindigul District.

2. Learned Additional Government Pleader appearing for the statutory authorities pointed out that except Survey No.78/2, for all other Survey Numbers civil suit is pending in appeal stage.

3. As admitted by the parties to the p

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