M.Sivalingam v. The Assistant Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2023 CORAM :

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

Petitioner Vs.

The Assistant Engineer Highways Department (Construction and Maintenance) Yercaud, Salem District.

..

Respondent Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondent herein to consider the representation dated 25.09.2023 issued by the petitioner as explanation to the eviction notice issued by the respondent dated 12.09.2023 in his proceedings in Na.Ka.No.02/2023. For the Petitioner : Mr.R.Nalliyappan For the Respondent : Mr.P.Muthukumar State Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.R.Nalliyappan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for the respondent.

2. Notice is issued to the petitioner for removal of the encroachment. The petitioner has replied to the same on 25.09.2023.

3. The respondent authority shall consider the reply filed by the petitioner and thereafter take a decision with regard to the encroachment or otherwise. Depending upon the decision taken, further steps can be taken by the parties.

4. In view of that, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 01.11.2023 Index :

Yes/No :

Yes/No drm

To The Assistant Engineer Highways Department (Construction and Maintenance) Yercaud, Salem District.

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

(drm) 01.11.2023