Madras High CourtWP/12196/2020dismissed

M.Selvaraj Azhagiyamanavalan v. The District Collector

2024-01-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Selvaraj Azhagiyamanavalan ..

Petitioner Vs.

1. The District Collector Tiruppur, Tiruppur District.

2. The Divisional Engineer State Highways Department Dharapuram,Tiruppur District.

3. The Assistant Divisional Engineer State Highways Department Madathukulam, Tiruppur District.

4. The Assistant Engineer State Highways Department Madathukulam, Tiruppur District.

5. The Superintending Engineer Public Works Department Dharapuram, Tiruppur District.

6. The Executive Engineer Public Works Department Dharapuram, Tiruppur District.

7. P.Nataraj

8. K.Anandhan

9. Krishnamoorthy 10.Periyasamy 11.Ganesh ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the Respondent No.2 to 4 to remove the encroachment made by 7 to 11 respondents in the State Highways road and Canal Comprised in Survey No.353, 354, 355 running from Madathulam Main Road to Kaniyur, turn into Kadathur Road, Tiruppur District by considering representation dated 10.1.2020.

For the Petitioner : No appearance For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R6 Mr.S.Arjun for R7 Mr.S.Gunalan for R8 & R11 Not ready in Notice - R9 Died - R10

ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner. We have heard Mr.P.Muthukumar, learned State Government Pleader for the

respondents 1 to 6, Mr.S.Arjun learned counsel for the seventh respondent and Mr.S.Gunalan, learned counsel for the respondents 8 and 11.

2. Counter is filed by the Assistant Divisional Engineer (H), Construction and Maintenance, Madathukulam. It is submitted that there is no encroachment and the petition is the result of enmity between the seventh respondent and the petitioner's relatives.

3. Learned counsel for the seventh respondent submits that there is no encroachment.

4. None appears for the petitioner. The writ petition is dismissed. There shall be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 12.01.2024 Index :

Yes/No :

Yes/No kpl