THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14.05.2025 CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN W.P.No.12840 of 2025 and WMP No.14381 of 2025 Kalvinathan ...Petitioner Vs.

1.The District Collector, Salem, Salem District.

2.The Sub Collector, Mettur Taluk, Salem, Salem District.

3. The Tahsildar Omalur Taluk, Salem District.

4. The Assistant Director, Salem Collectorate, Salem, Salem District.

5. The Block Development Officer, (Village Panchayat)

Omalur, Omalur Taluk, Salem District.

6. Asaithambi @ Chinnakavan

7. Rajamani

8. Loganathan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 5 to conduct survey and remove the encroachment made in Survey Nos.49, 60, 60/2, 79, 82, 83 & 84 by the respondents 6 to 8 and others over the public road and consequently direct the respondents 1 to 5 to lay the road after removing the encroachment, viz., construction and electricity poles etc., at Sakkarai Chettipatti Village, Omalur Taluk, Salem District by considering the petitioner's representation dated 12.02.2025 and 03.03.2025.

:

For Petitioner Mr.M.Elango For Respondents : Mr.Habeeb Rahman Government Advocate, for RR1 to 5 *****

ORDER

(Judgment of the Court was delivered by G.R.SWAMINATHAN,J.

Heard the learned counsel for the petitioner and the learned Government Advocate for the official respondent. Issuance of notice to the private respondents is dispensed with.

2. The petitioner alleges that in the petition mentioned survey numbers there are encroachments. The learned Government Advocate confirms that the petition mentioned survey numbers have been classified either as a public pathway or as a Odai. Both are objectionable encroachments. Without going into the merits of the matter, we direct the third respondent to conduct survey. Notice to be issued to all the encroachers. If encroachment is confirmed, it shall be removed by adhereing to the due process of law. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.

3. The Writ Petition is disposed of accordingly. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

(G.R.S., J.) (V.L.N., J.)

14.05.2025 jv/dsa Index : Yes / No Neutral Citation : Yes / No Speaking order / Non-Speaking order To:-

1.The District Collector, Salem, Salem District.

2.The Sub Collector, Mettur Taluk, Salem, Salem District.

3. The Tahsildar Omalur Taluk, Salem District.

4. The Assistant Director, Salem Collectorate, Salem, Salem District.

5. The Block Development Officer, (Village Panchayat)

Omalur, Omalur Taluk, Salem District.

G.R.SWAMINATHAN, J.

and V.LAKSHMINARAYANAN, J.

jv/dsa

14.05.2025