Madras High CourtWP(MD)/2081/2021disposed of

Lord Durai. S v. The District Collector

2022-10-26Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD S.Lord Durai ... Petitioner -vs1.The District Collector Thoothukudi Thoothukudi District 2.Thoothukudi Municipal Corporation Thoothukudi Rep.by its Commissioner and Special Officer 3.The Tahsildar Thoothukudi Taluk Thoothukudi District 4.R.Perumal 5.P.Jeyaram 6.M.Madasamy 7.M.Perumal

8.S.Murugan 9.Nagaraj 10.Karuppasamy 11.Krishnammal 12.Manju ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to take necessary action and remove the encroachments made by the private respondents and others in the municipal 40 feet road in Survey No.494A/5B, Plot No.52, Ward C, Thoothukudi Corporation limits, within a time frame to be fixed by this Court. For Petitioner :

Mr.N.Dilip Kumar For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 & R3 Mr.N.Anandakumar for R2 No appearance for R4 to R12

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the official respondents to take necessary action and remove the encroachments made by the private respondents and others in the

municipal 40 feet road in Survey No.494A/5B, Plot No.52, Ward C of Thoothukudi Corporation, within a time frame.

2. On perusal of record, it is seen that the petitioner has not served notice to the contesting respondents before filing of this writ petition. However, we do not propose to issue any positive direction at this juncture due to efflux of time. Therefore, the writ petition is disposed of by giving liberty to the petitioner to approach the concerned Authority, if his grievance still exists. No costs.

[R.M.D., J.] [J.S.N.P., J.] 26.10.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Thoothukudi, Thoothukudi District.

2.The Tahsildar, Thoothukudi Taluk, Thoothukudi District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 26.10.2022