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Madras High CourtWP/22766/2023disposed of

N.Pratheep v. The Managing Director

2023-08-03Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU N.Pratheep ... Petitioner -vs1. The Managing Director, Municipal Administration, No.3, MRC Nagar, Raja Annamalaipuram, Chennai 600 028.

2. The District Collector, Nagapattinam District, Nagapattinam-611003.

3. The Commissioner, Nagapattinam Municipality, Nagapattinam-611001.

4. K.Raja ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd and 3rd respondents to consider petitioner's representation dated 22.05.2023 to take action to stop the illegal construction being undertaken by the 4th respondent at Ward No.3, Block-14, Nagapattinam Town Survey No.1141.

For the Petitioner :

Mr.N.Suriyamuthu For the Respondents :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mr.K.Karthik Jegannath Government Advocate, for RR 1 to 3 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.N.Suriyamuthu, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.K.Karthik Jegannath, learned Government Advocate, for respondents 1 to 3.

2. The learned counsel for the petitioner submits that respondent No.4 has undertaken illegal construction beyond permission and also encroaching upon the pathway.

3. No material is placed about the existence of the pathway. The details are not provided in the petition. In absence thereof, the writ

petition cannot be considered. The petitioner may take such other steps as may be permissible under law.

The writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 03.08.2023 Index : Yes/No : Yes/No sra To

1. The Managing Director, Municipal Administration, No.3, MRC Nagar, Raja Annamalaipuram, Chennai 600 028.

2. The District Collector, Nagapattinam District, Nagapattinam-611003.

3. The Commissioner, Nagapattinam Municipality, Nagapattinam-611001.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) 03.08.2023