Salem Muhamedpura Parimala Sunnath Jamath Masjid Committee v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Salem Muhamedpura Parimala Sunnath Jamath Masjid Committee, 10, Masjid Street, Salem 636001, Rep. by its Muthavalli, Mr.Moulana.

.. Petitioner -vs1. The Commissioner, Salem Corporation, Salem.

2. The District Collector, Salem.

3. The Thasildar, Salem-1.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to take appropriate action to remove the encroachment caused over the public road comprised in Town Survey No.144 and 205 AL Ward, Block No.1, Salem Town within an appropriate time.

For the Petitioner :

Mr.R.Nalliyappan

For the Respondents :

M/s.Devi, Stdg. Counsel for R-1 :

Mr.K.Karthik Jegannath Government Advocate for RR 2 and 3 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Nalliyappan, learned counsel for the petitioner, M/s.Devi, learned standing counsel for respondent No.1 and Mr.K.Karthik Jegannathan, learned Government Advocate for respondent Nos.2 and 3.

2. The learned standing counsel for the Corporation submits that notice has been received from the Tahsildar about the existence of encroachment over the public road. The Corporation authorities would take steps to remove the encroachment in the road. However, some time is solicited in view of the ensuing parliamentary elections.

3. The respondent Corporation shall undertake the process of removal of encroachment, if any, in accordance with law and following

the principles of natural justice. The process shall commence preferably within four months from today.

With this observation, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 27.03.2024 Index : Yes/No : Yes/No sra To

1. The Commissioner, Salem Corporation, Salem.

2. The District Collector, Salem.

3. The Thasildar, Salem-1.

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

(sra) 27.03.2024