← Library
Madras High CourtWP(MD)/3006/2025disposed of

M. Sekaran v. The State Represented By

2025-06-04Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE M.Sekaran ... Petitioner Vs.

1.The State represented by The District Collector/Monitoring Committee, District Collector Office, Madurai District.

2.The District Revenue Officer, The District Collectorate, District Collector Office, Madurai District.

3.The Regional District Officer, Velliripatti, Melur Taluk, Madurai District.

4.The Tahsildar, Melur Taluk, Madurai District.

5.The Village Administrative Officer, Sekkippatti Village, Melur Taluk, Madurai District-625 101.

1/6

6.Ladam Murugan 7.Rajamani 8.Pandiyan 9.Pandiyammal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondent 1 to 5 to remove the encroachment and illegal construction of the staircase made by the Respondents 6 to 9 in common passage in the Survey No.600/9 at Melur Taluk, Sekkippatti village, Madurai District and consider the petitioner's representation dated 04.01.2025. For Petitioner :

Mr.K.Natarajan For RR1 to 5 :

Mr.S.P.Maharajan Special Government Pleader For R7 :

Mr.S.Arunnithy For RR6 & 9 :

No appearance Respondent-8 :

Not ready in notice

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted to directs Respondent 1 to 5 to remove the encroachment and illegal construction of the staircase 2/6

made by Respondents 6 to 9 in the common passage in Survey No.600/9 at Melur Taluk, Sekkippatti village, Madurai District by considering the petitioner's representation dated 04.01.2025.

2. The learned Special Government Pleader appearing on behalf of the official respondents would contend that encroachments and unauthorised constructions have already been removed.

3. However, the learned counsel for the petitioner would oppose by stating that 75% of the unauthorised constructions are demolished, but the remaining unauthorised constructed portion is yet to be demolished. To support the contention, he produced photographs.

4. The learned counsel for the seventh respondent would submit that the petitioner himself has made unauthorised construction and he has made a complaint.

5. If at all any complaint has been received, it is to be decided on merits and in accordance with law and by conducting investigation. As 3/6

far as the present case is concerned, the remaining unauthorised constructions and encroachments are to be removed and the public road must be made left free for the usage of the public at large. The said exercise is directed to be completed within a period of six weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs.

[S.M.S., J.] [A.D.M.C., J.] 04.06.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr 4/6

To 1.The District Collector/Monitoring Committee, District Collector Office, Madurai District.

2.The District Revenue Officer, The District Collectorate, District Collector Office, Madurai District.

3.The Regional District Officer, Velliripatti, Melur Taluk, Madurai District.

4.The Tahsildar, Melur Taluk, Madurai District.

5.The Village Administrative Officer, Sekkippatti Village, Melur Taluk, Madurai District-625 101.

5/6

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

abr 04.06.2025 6/6