A.J.Mubarak Ali, v. The Belur Town Panchayat,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2016
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M. VENUGOPAL W.P.No.7212 of 2016 A.J. Mubarak Ali ...
Petitioner Vs
1. The Belur Town Panchayat Rep. by its Executive Officer, Belur-636 104 Valapady Taluk Salem District.
2 Indumathi Door No.69 Adi Dravidar Colony, Nathan Theatre East Street, Belur-636 104 Valapady Taluk, Salem District.
3 Angamuthu Door No.70 Adi Dravidar Colony, Nathan Theatre East Street Belur-636 104 , Valapady Taluk, Salem District.
4 Ramesh Door No.71 Adi Dravidar Colony, Nathan Theatre East Street Belur-636 104, Valapady Taluk Salem District.
5 Jagadeesan Door No.72 Adi Dravidar Colony, Nathan Theatre East Street Belur-636 104 Valapady Taluk Salem District.
6 Sakthi Door No.72-A Adi Dravidar Colony Nathan Theatre East Street Belur-636 104, Valapady Taluk, Salem District.
7 Vadivel Door No.73 Adi Dravidar Colony, Nathan Theatre East Street, Belur-636 104, Valapady Taluk, Salem District.
8 Balaji Door No.74 Adi Dravidar Colony, Nathan Theatre East Street Belur-636 104, Valapady Taluk, Salem District.
9 Sakthivel Door No.75 Adi Dravidar Colony, Nathan Theatre East Street Belur-636 104, Valapady Taluk Salem District.
10 Arumugham Door No.76 Adi Dravidar Colony Nathan Theatre East Street Belur-636 104, Valapady Taluk Salem District.
11 Anandhan Door No.77 Adi Dravidar Colony, Nathan Theatre East Street, Belur-636 104, Valapady Taluk, Salem District.
12 Kamalam Door No.78 Adi Dravidar Colony Nathan Theatre East Street Belur-636 104, Valapady Taluk, Salem District.
13 Rajammal Door No.79 Adi Dravidar Colony Nathan Theatre East Street Belur-636 104, Valapady Taluk, Salem District.
14 Arumugham Adi Dravidar Colony, Nathan Theatre East Street Belur-636 104 Valapady Taluk, Salem District.
... Respondents Writ petition filed under Article 226 of the Constitution seeking for the issuance of a writ of mandamus directing the first respondent herein to act on the petitioner's representation dated 29.12.2015 and consequently remove the encroachments made by the respondents 2 to 14 on the Natham Theatre East Street, Belur.
For Petitioner : Mr. T. Murugamanickam For Respondents : Mr. P.S.Sivashanmugasundaram Spl. Govt. Pleader - R1
Mr. T. Sundaravadanam - RR 6,8,9,12,13 & 14.
No Appearance - RR 2 to 5, 7, 10 & 11 - - - - -
ORDER
(Order of the Court was delivered by SATISH K. AGNIHOTRI,J.,) Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the first respondent as well as the learned counsel for the respondents 6,8,9,12,13 and
14. Despite service of notice, none appears on behalf of the other respondents nor is there any representation on their behalf. Thus, with the consent of the learned counsel for the petitioner and the learned Special Government Pleader appearing for the first respondent as well as the learned counsel for the respondents 6,8,9,12,13 and 14, the writ petition is taken up for final disposal.
2.
In the instant writ petition, a direction was sought against the first respondent to consider the petitioner's representation dated 29th December, 2015 wherein allegations were made to the effect that encroachment has been made by the respondents 2 to 14 on the Natham Theatre East Street, Belur. 3.
Pursuant to the notice of this Court dated 29th February, 2016, it appears that the first respondent has caused a show cause notice dated 9th March, 2016. It is also reported that the notice has been served on all the respondents except respondents 4 and 8, who declined to receive the same. On receipt of the notice issued by this Court, except the respondents 6,8, 9, 12, 13 and 14, no other respondents have chosen to appear before the Court.
4.
Learned counsel appearing for the respondents 6, 8, 9, 12 13 and 14 submits that the construction is made on proper approval and the allegations of the petitioner is baseless. 5.
Be that as it may, the learned Special Government Pleader, appearing for the first respondent submits that the notice has been issued affording opportunity of hearing to the respondents to and on receipt of the representation/objection, their case will be properly examined and the respondents 2 to 14 will also be heard. On examination, if it is found that the construction made by them is by way of encroachment, necessary steps will be taken to remove the encroachment, in accordance with law and on its own merits, within a period of two weeks thereafter.
6.
In view of the aforestated submission made by the learned Special Government Pleader appearing for the first respondent, the respondents 2 to 14 are permitted to make their representation, within a period of two weeks from today and on receipt of the same, the first respondent shall consider and take consequential action after affording opportunity of hearing to the petitioner as well as the respondents 2 to 14, within a period of two weeks thereafter.
With the above observations and directions, this writ petition is disposed of. No costs.
ra s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To The Executive Officer, The Belur Town Panchayat Belur-636 104 Valapady Taluk Salem District.
+ 1 cc to Mr.T.Sundaravadanam, Advocate SR 17170 + 1 cc to Mr.T.Murugamanickam, Advocate SR 17086 rsy(co) prk1/4 W.P. No.7212 of 2016