IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Surender, JJ
M.Sampath Kumar – Appellant
Versus
The District Collector, Tiruvallur District – Respondent
| Table of Content |
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| 1. encroachments on public roads must be removed. (Para 1 , 2) |
| 2. court mandates removal of obstructions based on approved layouts. (Para 4 , 5) |
(Order of the Court was made by S.M.Subramaniam J.)
The Writ of Mandamus has been instituted seeking a direction to the respondents to remove the encroachment in the nature of sewerage sump, building and iron gate put up on the 24 feet public road located in Jeevan Prakash Nagar, Senneerkuppam Village, Poonamallee Taluk, Tiruvallur District.
2. The learned counsel for the petitioner would submit that the public pathway has been obstructed at the instance of the plot owners and thereby depriving other owners to use the common street in the subject property. 3. It is not in dispute that in the approved layout, street has been earmarked. The petitioner as well as the impleaded respondents have purchased their respective plots and constructed residential houses. Infrastructure facilities including electricity is provided by the local Authorities. Therefore, putting up gate or causing obstruction at the instance of the builder or owner is unacceptable.
4. The Tahsildar has conducted inspection and addressed a letter to the Block Dev
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