K.P.Syed Firoze v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.P.Syed Firoze .. Petitioner -vs1. The District Collector, Salem District, Salem-636 001.

2. The Sub Collector, Mettur-636 401, Salem District.

3. The Municipal Commissioner, Municipal Office, Mettur-636 401, Salem District.

4. The Deputy Superintendent of Police, Mettur Division, Mettur-636 401, Salem District.

5. The Tahsildar, Mettur Taluk, Mettur-636 401, Salem District.

6. Shankaran

7. Sakila Dhilshath

8. Babu 9.Rajamani 10.Velliangiri 11.Saraswathi 12.Murugan 13.Venkat

14.Latha 15.S.M.H.Abdul Salam .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to remove the encroachment in petitioner property in S.Nos.52/2, 52/3, 52/10, 50/18 and 50/20, Ward C Block 4, 5 and 6 (New T.S.No.2, 3, 10, 18 and 20) measuring total extent of 14.70 acres at Salem Camp, Mettur Taluk, Salem District in pursuant to the direction issued by the 2nd respondent vide Na.Ka.No.207/2012/oo dated 18.05.2022 by considering petitioner representation dated 02.05.2022. For the Petitioner :

Mr.A.Saravanan For the Respondents :

Mrs.R.Anitha, Special Government Pleader, for RR 1, 2, 4 and 5 :

Mr.L.P.Maurya for R.3 :

No appearance for RR 6 and 9 :

Mr.M.Senthilkumar for RR 7, 10 to 15 Not ready in notice for R-8 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.A.Saravanan, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader, for respondent Nos.1, 2, 4 and 5, Mr.L.P.Maurya, learned counsel for respondent No.3 and Mr.M.Senthilkumar, learned counsel for respondent Nos.7 and 10 to 15.

2. The learned counsel for the third respondent/Municipal Corporation submits that within two weeks from today, show cause notice would be issued to the encroachers. The persons to whom the show cause notice is issued will have a right to file reply to the same. The learned counsel for the Corporation submits that further steps would be undertaken after issuance of show cause notice.

3. Naturally, the persons to whom the show cause notice is issued would have the opportunity to put forth their case before the Corporation.

4. In view of the statement made by the learned counsel for the Corporation, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 12.10.2023 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) To

1. The District Collector, Salem District, Salem-636 001.

2. The Sub Collector, Mettur-636 401, Salem District.

3. The Municipal Commissioner, Municipal Office, Mettur-636 401, Salem District.

4. The Deputy Superintendent of Police, Mettur Division, Mettur-636 401, Salem District.

5. The Tahsildar, Mettur Taluk, Mettur-636 401, Salem District.

12.10.2023