Dismissed

M.Srinivasan v. District Collector

Madras HC25 Nov 2024WP/34813/2024

Case brief

AI extract

What is this about?

Petitioner sought writ directing Divisional Engineer to remove encroachments in National Highways land obstructing his cinema theatre emergency exit. Court directed Divisional Engineer to conduct a survey within 12 weeks. If encroachments are found, they must be removed in accordance with law after giving opportunity to respondents.

What did the court decide?

Petitioner directed to conduct survey within 12 weeks; if encroachments found, take action in accordance with law after giving opportunity.

M.Srinivasan Vs District Collector — Land Acquisition | Madras HC (2024)

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W.P.No.34813 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.11.2024

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Coram

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THE HONOURABLE MR.JUSTICE M.SUNDAR

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and

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.P.No.34813 of 2024

M.Srinivasan

S/o.R.Mohanam

... Petitioner

The District Collector O/o. The District Collector Collectorate Building Sathuvachari

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Vellore – 632 009

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The Divisional Engineer

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Chennai – Bangalore National Highway B-Block, 2nd Floor District Collector Office

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Vellore

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The Special Tahsildar National Highway Land Acquisition

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Vellore – 09

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Page 1 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.No.34813 of 2024

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The Projector Director National Highways Authority of India No.259/1, Salem Main Road K.A.K.C Near Petrol Bunk Krishnagiri – 635 001

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The Executive Engineer Public Works Department Buildings (C & M) Division Vellore – 600 004

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Arumugam

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Velankanni

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Sheik Diwan

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Dakshayani M

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Perumal C

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Elumalai S

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Shajathi Bee

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Venu A

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Chanma

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Sreenivasan E

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Page 2 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.No.34813 of 2024

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Subramani

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Karusha

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Kadhar Basha

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Saravanan T .. Respondents

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Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to remove the encroachments in Survey No.428/2, Service Road, Sathuvachari Village, Vellore Taluk – 632 009 by considering the petitioner's representation dated 10.04.2021.

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For Petitioner : Ms.Ramya Murali Kumaran of M/s.McGan Law Firm For Respondents : Mr.V.Ravi Special Govt. Pleader for R1 to R5 O R D E R

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(Order of the Court was made by K.RAJASEKAR, J.)

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This writ petition has been filed seeking a direction to first

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respondent to remove the encroachment in land belongs to National

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Highways in Survey No.428/2, Service Road of Sathuvachari Village,

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https://www.mhc.tn.gov.in/judis Page 3 of 8

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W.P.No.34813 of 2024

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Vellore Taluk, which has been classified as “Arasu Poramboke”.

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It is the case of the writ petitioner that he is running a Cinema

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Theatre in S.No.428/1 and adjacent to his land belongs to National Highways Authority of India and that the said land has been encroached by private respondents who are arrayed as R6 to R19. According to learned counsel for the writ petitioner, the encroachment made by the private respondents obstructs the emergency exit of the cinema theatre

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and therefore, in the interest of public, encroachment has to be removed.

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The learned counsel for the writ petitioner submitted that the

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writ petitioner has also sent a representation to the official respondents

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but so far no action has been taken and hence, the writ petitioner has filed

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the present writ petition.

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Issue notice to official respondents.

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Mr.V.Ravi, learned Special Government Pleader accepts notice

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for Respondents 1 to 5.

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Considering the limited scope of the prayer in the writ petition,

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https://www.mhc.tn.gov.in/judis

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Page 4 of 8

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W.P.No.34813 of 2024

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the main writ petition itself is taken up for final disposal.

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The learned Special Government Pleader, on instructions,

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submitted that S.No.428/2 has been classified as Government Poramboke

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and it has been transferred in favour of National Highways Authority of India as reflected in the 'A' Register. He would further submit that notice

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invoking the National Highways Authority of India Act, 1988 would be

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issued to the alleged encroachers (private respondents) and enquiry in this

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regard will be conducted.

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On a perusal of the records, we find that at the time of renewal

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of licence for running the Cinema Theatre, Officers of the Public Works Department have inspected and they have also noted the encroachment in

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the Emergency Exit of the Cinema Theatre. Further, the petitioner herein

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has also sent a representation to the respondents seeking removal of

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encroachment in the said land.

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https://www.mhc.tn.gov.in/judis

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Page 5 of 8

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W.P.No.34813 of 2024

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Considering the facts and circumstances and the submissions

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made, we are inclined to give a direction to Respondent No.2 to conduct survey after giving opportunity to all concerned including the private respondents. If any encroachments are found, Respondent No.2 shall take action in accordance with law. The above exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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With the above direction, this writ petition is disposed of. There shall be no order as to costs.

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[M.S., J] [K.R.S., J] 25.11.2024

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Index: Yes/No Neutral Citation: Yes/No Speaking order/Non-speaking order

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gpa

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https://www.mhc.tn.gov.in/judis

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Page 6 of 8

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W.P.No.34813 of 2024

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The District Collector O/o. The District Collector Collectorate Building Sathuvachari

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Vellore – 632 009

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The Divisional Engineer

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Chennai – Bangalore National Highway B-Block, 2nd Floor District Collector Office

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Vellore

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The Special Tahsildar National Highway Land Acquisition Vellore – 09

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The Projector Director National Highways Authority of India No.259/1, Salem Main Road K.A.K.C Near Petrol Bunk Krishnagiri – 635 001

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The Executive Engineer Public Works Department Buildings (C & M) Division Vellore – 600 004

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https://www.mhc.tn.gov.in/judis

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Page 7 of 8

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W.P.No.34813 of 2024

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M.SUNDAR,J., and K.RAJASEKAR, J.,

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gpa

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W.P.No.34813 of 2024

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25.11.2024

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https://www.mhc.tn.gov.in/judis

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Page 8 of 8

M.Srinivasan v. District Collector

Case brief

What is this about?

What did the court decide?

M.Srinivasan v. District Collector

Case brief

What is this about?

What did the court decide?

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