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Madras High CourtWP/23572/2024disposed of

C.Ashok Kumar v. The Director Of Municipality

2024-08-16Honourable The Acting Chief Justice,Honourable Mr Justice P.B. Balaji6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2024

CORAM

THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B. BALAJI C.ASHOK KUMAR : Petitioner Vs 1.THE DIRECTOR OF MUNICIPALITY MUNICIPAL DIRECTOR OFFICE PANAKAL PARK CHENNAI -600 017.

2.THE DISTRICT COLLECTOR SALEM DISTRICT SALEM.

3.THE JOINT DIRECTOR MUNICIPAL ADMINISTRATION DISTRICT COLLECTOR OFFICE 4.THE COMMISSIONER OF CORPROATION SALEM CORPORATION SALEM DISTRICT 5.THE DEPUTY COMMISSIONER OF CORPROATION SOORAMANGALAM MANDALAM 6.THE THASILDAR SALEM WEST TALUK SOORAMANGALAM SALEM-4

7.THE VILAGE ADMINISTRATIVE OFFICER JAGIR AMMAPALAYAM VILLAGE 8.MARUDAVEL 9.SENTHIL NATHAN 10.KATHIRESAN : Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 1 to 7 to consider the representation of the petitioner dated 23.09.2022 in accordance with law by measuring the encroachment and unauthorized construction of Three Floor Building Constructed by the respondents 8 to 10 herein as per FMB Salem West Jagir Ammapalayam II-Division and act as per Salem City Corporation act and Demolish Fort with to secure the ends of justice For the Petitioner :

Mr.A.Ramesh For the Respondents :

Mr.T.K.Saravanan, Government Advocate

ORDER

(Made by the Hon'ble Acting Chief Justice) Seeking a direction against respondents 1 to 7 to consider the representation of the petitioner dated 23.09.2022, the present writ petition has been filed.

2. Learned counsel for the petitioner submitted that respondents 8 to 10 have encroached upon a public road and have put-up unauthorised construction. Because of the encroachment, 12 feet road

is now reduced to 9 feet road and the free flow of traffic is disturbed. In this regard, the petitioner has made a representation dated 23.09.2022, to the official respondents to take action for removing the encroachment and unauthorised construction put-up by respondents 8 to 10. Since no order has been passed on the said representation, the present writ petition has been filed.

3. Learned Government Advocate submits that the respondents would consider and dispose of the representation of the petitioner within a reasonable time.

4. After hearing learned counsel on both sides, we are inclined to dispose of the writ petition by directing the first respondent - Director of Municipalities, to consider the representation of the petitioner dated 23.09.2022 and pass orders, on merits and in accordance with law, for removal of unauthorised constructions, after affording opportunities to the affected parties, within a period of twelve weeks from the date of receipt of a copy of this order. The second respondent District Collector shall direct the sixth respondent Tahsildar to survey the road and if any encroachment is found, to take action in accordance with law.

5. The writ petition stands disposed of with the above direction. There shall be no order as to costs.

(D.K.K., ACJ.) (P.B.B., J.) 16.08.2024 Index : Yes/No : Yes/No tar

To 1.THE DIRECTOR OF MUNICIPALITY MUNICIPAL DIRECTOR OFFICE PANAKAL PARK CHENNAI -600 017.

2.THE DISTRICT COLLECTOR SALEM DISTRICT SALEM.

3.THE JOINT DIRECTOR MUNICIPAL ADMINISTRATION DISTRICT COLLECTOR OFFICE 4.THE COMMISSIONER OF CORPROATION SALEM CORPORATION SALEM DISTRICT 5.THE DEPUTY COMMISSIONER OF CORPROATION SOORAMANGALAM MANDALAM 6.THE THASILDAR SALEM WEST TALUK SOORAMANGALAM SALEM-4 7.THE VILAGE ADMINISTRATIVE OFFICER JAGIR AMMAPALAYAM VILLAGE

D. KRISHNAKUMAR, ACJ, AND P.B. BALAJI, J.

(tar) 16.08.2024