Madras High CourtWP(MD)/16366/2013disposed of

K.Venkatesh, v. The Commissioner,

2024-01-08Honourable Mr Justice D. Krishnakumar,Honourable Mr.Justice Mummineni Sudheer Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.(MD)No.16366 of 2013 and M.P.(MD)No.1 of 2013 K.Venkatesh ... Petitioner Vs.

1.The Commissioner, Corporation of Madurai, Madurai.

2.The President, Viraganoor Village Panchayat, Viraganoor, Madurai South Taluk, Madurai District ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 1st respondent from evicting the constructed building in the petitioner's landed property situate in Survey No. 68/2A1 of

Viraganoor Village Panchayat, Madurai South Taluk, Madurai district without causing statutory notice U/S.4 of Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1973.

For Petitioner :

Mr.M.P.Dhamodaran For Respondents :

Mr.T.Amjad Khan, Government Advocate for R1 Mr.K.K.Kannan for R2

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for the issuance of a Writ of Mandamus, forbearing the 1st respondent from evicting the constructed building in the petitioner's landed property situate in Survey No. 68/2A1 of Viraganoor Village Panchayat, Madurai South Taluk, Madurai district without causing statutory notice under Section 4 of Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1973.

2. When the matter was taken up for consideration, the learned Government Advocate appearing for the respondent Corporation submitted that the respondent Corporation will initiate necessary action for removal of encroachment by following due process of law.

3. Recording the aforesaid submission of the learned Government Advocate, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [D.K.K., J.] [M.S.K., J.] 08.01.2024 Index :

Yes / No vsm

D.KRISHNAKUMAR , J.

and MUMMINENI SUDHEER KUMAR, J.

vsm To 1.The Commissioner, Corporation of Madurai, Madurai.

2.The President, Viraganoor Village Panchayat, Viraganoor, Madurai South Taluk, Madurai District W.P.(MD)No.16366 of 2013 08.01.2024