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Madras High CourtWP/27874/2023disposed of

Mani v. The District Collector

2023-10-03Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2023 CORAM :

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

Petitioner Vs.

1. The District Collector Namakkal.

2. The Joint Director (Administration) Municipal Administration Commissioner Office Chappakkam, Chennai.

3. The Commissioner Namakkal Municipality Namakkal.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to take suitable action to remove the encroachment made in Namakkal Village S.F.No.541, present Namakkal Municipal Town S.F.No.1, WardD, Block No-13 in the interest of the general public.

For the Petitioner : Mr.S.Muthukrishnan For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R1 & R2 Mr.Rajamathivannan for R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.S.Muthukrishnan, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader appearing for respondents 1 & 2 and Mr.Rajamathivannan, learned counsel for respondent 3.

2. The alleged encroachers are not made as parties to this petition. In view of that, we are not passing any positive orders.

3. Learned State Government Pleader submits that measurement would be carried out and after measurement, if any encroachment is found, a report of the same would be forwarded to

the third respondent for further action. The third respondent shall take further action, in accordance with law, of course, after adhering to the principles of natural justice.

4. In view of the aforesaid submission, the writ petition stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 03.10.2023 Index :

Yes/No :

Yes/No drm To

1. The District Collector Namakkal.

2. The Joint Director (Administration) Municipal Administration Commissioner Office Chappakkam, Chennai.

3. The Commissioner Namakkal Municipality Namakkal.

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

(drm) 03.10.2023