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Madras High CourtWP/32468/2022disposed of

Doddabetta Tea Factory v. District Collector

2023-08-25Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Dodabetta Tea Factory Represented by its Managing Partner N.K.Krishnamoorthy S/o.Late N.Kappinipathy Doddabetta Tea Factory Mel Kodappamund Gorishola Road, Ooty-643002.

.. Petitioner -vs1.District Collector Udhagamandalam Nilgiris District Tamil Nadu.

2.Commissioner Udhagamandalam Municipality Udhagamandalam.

3.Superintendent of Police Nilgiris District Ooty - 643 001.

4.Doddabetta Panchayat Represented by its President Ooty, Nilgiris District.

5.Benchmark Tea Factory and Chocolate Factory Represented by its Owner S.N.Devaraj Mel Kodappamund Gorishola Road Ooty - 643002.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first to fourth respondents to remove the illegal encroachment made by the fifth respondent on the Gorishala Public Road belonging to the second respondent.

For the Petitioner :

Mr.E.Manoharan For the Respondents :

Mr.K.Karthik Jegannath Government Advocate (RR1 & 3) Mr.P.Srinivas (R2) Mr.S.V.Durai Solaimalai (R4) R5-Not ready in notice

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.E.Manoharan, learned counsel for the petitioner; Mr.K.Karthik Jegannath, learned Government Advocate for the first and third respondents; Mr.P.Srinivas, learned counsel for the second respondent and Mr.S.V.Durai Solaimalai, learned counsel for the fourth respondent.

2.Learned counsel for the petitioner submits that there is an encroachment on the road. Learned Advocate for respondent no.2 /Municipality submits that respondent no.2 would take steps to remove the encroachment in accordance with law as expeditiously as possible. 3.The writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 25.08.2023 Index : yes/no : Yes/No Maya To:

1.The District Collector Udhagamandalam Nilgiris District Tamil Nadu.

2.The Commissioner Udhagamandalam Municipality Udhagamandalam.

3.The Superintendent of Police Nilgiris District Ooty - 643 001.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(Maya) 25.08.2023