Mr.N.Mayavan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2017 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.44451 of 2016 and W.M.P.No.38295 of 2016 N.Mayavan ... Petitioner -Vs1. The District Collector, Cuddalore District, Cuddalore.

2. The Tahsildar, Cuddalore Taluk Office, Cuddalore.

3. The Municipal Commissioner, Cuddalore Municipality, Cuddalore.

4. The Director, The Directorate of Town and Country Planning, No.807, 4th Floor, Annasalai, Chennai-600 002.

5. The Commissioner of Municipal Administration, Ezhilagam Annexe Building, 6th Floor, Chepauk, Chennai-600 005.

6. Patammal ... Respondents Writ Petitions filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 5 to remove the illegal construction done illegally by the 6th respondent by encroaching the Government property in the common passage/pathway at the Tamil Nadu Housing Board Colony, Vilva Nagar, Ward-7, Block No.40, 41, Cuddalore District based on the representation of the petitioner dt. 16.7.2016.

For Petitioner : Mr.A.M.Natraj For Respondents : Mr.T.N.Rajagopalan Special Government Pleader for R1 to R5

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The allegation of the petitioner is against the private respondent No.6 for having put up a house with sheet on the public road. It is not however known whether the road vests with the Municipality or not.

In these circumstances, directions are issued to both respondent Nos.2 and 3 to look into the representation of the petitioner dated 16.7.2016 and depending upon the jurisdiction of the concerned authority, if the allegation is found correct, to take action in accordance with law, after notice to all concerned and conclude the proceedings within a maximum period of three months of the receipt of the copy of this order.

2. The writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.No.38295 of 2016 is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar bbr To

1. The District Collector, Cuddalore District, Cuddalore.

2. The Tahsildar, Cuddalore Taluk Office, Cuddalore.

3. The Municipal Commissioner, Cuddalore Municipality, Cuddalore.

4. The Director, The Directorate of Town and Country Planning, No.807, 4th Floor, Annasalai, Chennai-600 002.

5. The Commissioner of Municipal Administration, Ezhilagam Annexe Building, 6th Floor, Chepauk, Chennai-600 005.

+1cc to Mr.A.M.Natraj, Advocate, S.R.No.168 +1cc to the Government Pleader, S.R.No.132 W.P.No.44451 of 2016 GM I(CO) CA(10/01/2017)