M.Mariappan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2023 CORAM :

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

Petitioner Vs.

1. The Commissioner The Udumalpet Municipality Udumalpet, Tiruppur District.

2. The Tahsildar Udumalpet Taluk, Udumalpet Tiruppur District.

3. Chidambaram ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the first respondent to remove the encroachment made by the third respondent in T.S.No.53 (presently numbered as T.S.No.237), Ward C, Udumalpet Town and Taluk, Tiruppur District which is admittedly a public pathway and to restore the said pathway to its original position as per the revenue, records within a specific time frame by considering the petitioner's representation dated 04.07.2022.

For the Petitioner : Ms.Rebecca Vasanthini Percy For the Respondents : Mr.B.Anand Standing Counsel for R1 Mr.P.Muthukumar State Government Pleader for R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.Rebecca Vasanthini Percy, learned counsel for the petitioner, Mr.B.Anand, learned Standing Counsel for the first respondent and Mr.P.Muthukumar, learned State Government Pleader for the second respondent.

2. Encroachment is alleged on the pathway possessing width of 1.8 meters.

3. Learned State Government Pleader, on instructions of the Tahsildar, submits that the pathway was surveyed by the Town Surveyor and the Revenue Inspector of Udulmalpet Firka has found that the third respondent has encroached to an extent of 3 sq.ft of the pathway and has constructed a bathroom, which causes

disturbance to the public of the area. It is further submitted that action would be taken by the first respondent/Commissioner, Udumalpet Municipality.

4. Learned counsel for the Municipality submits that the Municipality would issue notice to the third respondent for removal of encroachment and after issuing notice and following the provisions of law, further steps would be undertaken expeditiously.

5. In view of the above, we need not pass any orders in the matter. The writ petition, accordingly, stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 07.12.2023 Index :

Yes/No :

Yes/No drm To

1. The Commissioner The Udumalpet Municipality Udumalpet, Tiruppur District.

2. The Tahsildar Udumalpet Taluk, Udumalpet

Tiruppur District.

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

(drm) 07.12.2023