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Madras High CourtWP(MD)/2239/2024disposed of

Sivaji.P v. Madurai Corporation

2024-02-05Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.2239 of 2024 1.P.Sivaji 2.P.Veeramalai ... Petitioners -Vs1.Madurai Corporation, Through its Commissioner, Madurai Corporation, Madurai-625020.

2.Rajesh @ Rajeshpandi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to remove the encroachments made by the 2nd respondent in the 20 feet road in Ward 30, T.S.No.8, Melamadai Bit II, Madurai the approach road to Arulmigu Pandi Muneeswarar Thirukovil, Melamadai, Madurai from Ring Road.

For Petitioners : Mr.V.R.Shanmuganathan For R1 : Mrs.S.Devasena, Standing Counsel

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.Mrs.S.Devasena, learned Standing Counsel, who accepts notice on behalf of the first respondent, assures that appropriate action would be taken to remove the encroachment, if any in the place in question, by due process of law, for which the learned counsel for the petitioners is agreeable. 3.Recording the said submission made by the learned Standing Counsel, we direct the authorities concerned to remove the encroachment if any in the place in question, after conducting survey, if necessary and after affording sufficient opportunity to all the parties concerned by following due process of law. Such an exercise shall be completed within a period of three (3) months from the date of receipt of a copy of this order.

4.With the above direction, this Writ Petition stands disposed of. No costs.

[D.K.K., J.] & [R.V., J.] 05.02.2024 (2/2) NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To Madurai Corporation, Through its Commissioner, Madurai Corporation, Madurai-625020.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

Yuva W.P.(MD)No.2239 of 2024 05.02.2024 (2/2)