1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI W.P.(MD)No.10728 of 2011 and M.P.(MD)No.1 of 2011 The Kings India Chemicals Corporation Ltd., Rep.by its Diretor, T.R.S.Muthu Kumaran Pattukottai Road, Vadaseri, Orathanadu Taluk, Thanjavur District. ... Petitioner Vs. 1.The District Collector, Thanjavur District, Thanjavur. 2.The Tahsildar, Orathanadu Taluk, Thanjavur District. 3.The Inspector of Police, Pappanadu Police Station, Orathanadu Taluk, Thanjavur District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents herein from any way disturbing the usage of approach road of the petitioner company situated in S.No.175/1, Vadaseri Village, Orathanadu Taluk, Thanjavur district. For Petitioner : Mr.Veera Kathiravan For Respondents : Mr.M.Govindan, Spl.G.P. 1 to 3 O R D E R Mr.M.Govindan, learned Special Government Pleader takes notice for the respondents. By consent, the Writ petition itself is taken up for final hearing. 2. The Writ petition is for a direction against the respondents to forbear them from disturbing the petitioner’s use of https://hcservices.ecourts.gov.in/hcservices/ 2 approach road in Survey No.175/1 Vadaseri Village, Orathanadu Taluk, Thanjavur District, which is stated to be the only access to reach the petitioner's chemical company. 3. According to the learned Special Government Pleader, the petitioner is not entitled to use the said passage. Law is well settled that if the petitioner is an encroacher, it is for the respondent to take appropriate action in the manner known to law. But that does not mean that if the petitioner is using a particular passage, which is the only passage for leading his chemical company, he should not be prevented by using of the same. 4. Considering the above said facts and circumstances of the case, without expressing any opinion on the merits of the matter, the Writ petition stands disposed with a direction against the respondents not to disturb the usage of the approach road if the same is in use till steps are taken by following due process of law. No costs. Consequently, connected M.P.is closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Thanjavur District, Thanjavur. 2.The Tahsildar, Orathanadu Taluk, Thanjavur District. 3.The Inspector of Police, Pappanadu Police Station, Orathanadu Taluk, Thanjavur District. +1 CC to Special Government Pleader (SR.No.32654) W.P.(MD)No.10728 of 2011 and M.P.(MD)No.1 of 2011 21.09.2011 nbj NSV/29.9.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/