Madras High CourtWP(MD)/501/2020disposed of

M. Mohammed Ibrahm Sait v. The District Collector

2022-07-27Honourable The Chief Justice,Honourable Mrs Justice S.Ananthi (Retd.)4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2022

CORAM:

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE S.ANANTHI M.Mohammed Ibrahim Sait .. Petitioner Vs 1.The District Collector, Madurai District, Madurai.

2.The Commissioner, Melur Municipality, Melur, Madurai District.

3.The Director of Panchayath Administration, Melur, Madurai District.

4.The Tahsildar, Melur Taluk, Madurai District.

5.M.Aayisha Begam .. Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd respondent to take necessary steps to remove the encroachment made by the 5th respondent in Saverior Temple Street (Abudlkalam Azad Street) in T.S.No.28 of Melur Taluk, Madurai District, by considering petitioner's representation dated 06.12.2019, within the period as stipulated by this Honourable Court.

For Petitioner :Mr.A.Haja Mohideen For Respondents :Mr.S.R.A.Ramachandran Additional Government Pleader for R1, R3 & R4 No appearance for R5

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed to seek a direction to remove the encroachment made by the fifth respondent in Saverior Temple Street in T.S.No.28 of Melur Taluk, Madurai District.

2. Counter to the writ petition has been filed, to indicate that encroachment has been made by the fifth respondent and even allegation of encroachment is made against the petitioner. In any case, it does not show an action against any of the encroacher. Thus we find that despite knowledge about the encroachment, the respondents failed to take immediate action to remove it and

accordingly, we dispose of the writ petition with direction to the second respondent to take action in accordance with the provisions of law to remove the encroachment and action in this regard would be initiated within a period of one month and the process shall be completed within the period given under the statute, if any. No Costs. (M.N.B., CJ.) (S.A.I., J.) 27.07.2022 Index :Yes/No pm-sj To 1.The District Collector, Madurai District, Madurai.

2.The Commissioner, Melur Municipality, Melur, Madurai District.

3.The Director of Panchayath Administration, Melur, Madurai District.

4.The Tahsildar, Melur Taluk, Madurai District.

M.N.BHANDARI, CJ.

and S.ANANTHI, J.

pm/sj 27.07.2022