IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, R. Poornima, JJ
Joseph Packianathan – Appellant
Versus
The Secretary to Government, Revenue Administration Department – Respondent
| Table of Content |
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| 1. prior writ directed action on encroachment representation. (Para 2) |
| 2. roads cannot be reclassified; encroachments to be removed. (Para 3) |
Heard both sides.
2.The petitioner herein filed W.P.(MD)No.10315 of 2021 for removing the encroachment in Survey No.388 in Hanumanthanpatti. The writ petition was disposed of by this Court on 21.06.2021 calling upon the Tahsildar, Uthamapalayam to take action on the petitioner’s representation. Pursuant to the said direction, the Tahsildar, Uthamapalayam vide Memorandum dated 19.07.2021 informed the petitioner herein that there is proposal to reclassify the cart track and issue patta in favour of the occupants.
3.It is well settled that a road has to be maintained as a road and cannot be reclassified and patta issued. Therefore, the impugned order stands set aside. The authority has to necessarily take appropriate action to remove the encroachment in question. This exercise shall be completed within a period of six months from the date of receipt of a copy of this order.
4.This writ petition is allowed accordingly. No costs.
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