Madras High CourtWP/23639/2023disposed of

M.Tirugnanam v. The District Collector

2023-10-09Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Tirugnanam .. Petitioner -vs1. The District Collector, Tirupur.

2. The Block Development Officer, Kangayam Taluk, Tirupur District.

3. The President, Nathakaadaiyur Panchayat, Kangayam Taluk, Tirupur District.

4. N.Tirugnanasampantham

5. N.Loganathan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment created by the 4th and 5th respondents in respect of public drainage situated at Sy.No.421/34, Nathakaadaiyur Village, Kangayam Taluk, Tirupur District ('land') by considering the petitioner's representation dated 23.05.2023 and consequential demolish the construction on the said land and put the same into the use of general public.

For the Petitioner :

Mr.V.Regunathan For the Respondents :

Mr.P.Muthukumar, State Government Pleader, for RR 1 to 3 :

No appearance for R-4 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.V.Regunathan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 3.

2. The petitioner alleges that the public drainage has been damaged because of the unauthorised construction carried out by respondent No.4.

3. The instructions of the learned State Government Pleader are otherwise.

4. The petitioner has given a representation dated 23.05.2023 in that regard to respondent No.2.

5. In case such representation is pending with respondent No.2, then respondent No.2 shall take decision upon the same on its own merits and in accordance with law preferably within six months. The writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 09.10.2023 Index : Yes/No : Yes/No sra To

1. The District Collector, Tirupur.

2. The Block Development Officer, Kangayam Taluk, Tirupur District.

3. The President, Nathakaadaiyur Panchayat, Kangayam Taluk, Tirupur District.

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

(sra) 09.10.2023