Madras High CourtWP/23180/2016disposed of

C.Narasimman, v. The Joint Director,

2016-10-20Honourable The Chief Justice,Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN W.P. No.23180 of 2016 C.Narasimman .. Petitioner -vs1.The Joint Director, Town Panchayats, Collectorate, Salem.

2.The Thasildhar, Taluk Office, Mettur Taluk, 3.The Secretary, Nangavalli Panchayat, Nangavalli, 4.Mohammed Alikhan 5.The Assistant Executive Engineer, State Highways, Mecheri, Mettur Taluk, .. Respondents (Respondent No.5 suo-motu impleaded as per this order) Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner representation dated 04.6.2016.

For Petitioner :

Mr.V.Vijayakumar For Respondents :

Mr.T.N.Rajagopalan Spl. G.P. for R1, R2 & R5 Mr.S.Ramesh for R3 Mr.R.Ezhilarasan for R4

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) In view of the counter-affidavit filed by respondent No.2, the Assistant Executive Engineer, State Highways, Mecheri, Mettur Taluk, Salem District is impleaded as respondent No.5. Memo of parties be amended accordingly.

2. On hearing the learned counsel for parties, it appears that there is an element of inter se lis between the petitioner and respondent No.4. The allegation made before this Court suggests that there have been either encroachment or extension of the areas.

3. We, thus, consider it appropriate that respondent No.5 should cause an inspection of the site to be made within one month of the receipt of the copy of this order and remove whatever are found to be encroachments, whether by the petitioner, respondent No.4 or anyone else in accordance with law, after notice to all concerned within a period of two months thereafter.

4. The writ petition, accordingly, stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To 1.The Joint Director, Town Panchayats, Collectorate, Salem.

2.The Thasildhar, Taluk Office, Mettur Taluk, 3.The Secretary, Nangavalli Panchayat, Nangavalli,

4.The Assistant Executive Engineer, State Highways, Mecheri, Mettur Taluk, +1cc to Mr.V. Vijayakumar, Advocate, S.R.No.59698 +1cc to Mr.R. Ezhilarasan, Advocate, S.R.No.59903 +1cc to the Government Pleader, S.R.No.59608 W.P.No.23180 of 2016 UG(CO) md(3/11/2016)