Shanmuganathan .M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2023

CORAM:

THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR M.Shanmuganathan ... Petitioner -vs1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Executive Engineer, State Highways, Tirunelveli Division, Tirunelveli District.

3.The Tahsildar, Ambasamudram Taluk, Tirunelveli District.

4.The Commissioner, Vikramasingapuram Municipality, Tirunelveli District.

5.Nachiyar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made upon the fifth respondent Nachiyar wife of Murugaihpandian in Aambur Road,

South Agasthiyarpuram, Vikramasingapuram, Ambasamudram Taluk, Tirunelveli District by considering the petitioner's representation dated 27.08.2022.

For Petitioner : Mr.P.Karthick For RR 1 to 3 : Mr.K.Balasubramani Special Government Pleader For R - 4 : Mr.H.Arumugam Standing Counsel

O R D E R

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the fifth respondent/Nachiyar, W/o.Murugaihpandian in Aambur Road, South Agasthiyarpuram, Vikramasingapuram, Ambasamudram Taluk, Tirunelveli District by considering the petitioner's representation dated 27.08.2022.

2. Learned counsel appearing for the petitioner has drawn our attention to the photographs enclosed along with the affidavit filed in support of the Writ Petition, wherein, we are able

to see that there are two structures put up on the part of the road belonging to the State Highways.

3. The learned Special Government Pleader appearing for the respondents 1 to 3 submitted that the encroachment, if any, would be removed within a period of four weeks by following due process of law.

4. In view of the abovesaid submissions, the second respondent is directed to remove the encroachments, if any, after issuing notice and after affording sufficient opportunity of personal hearing to all the parties concerned including the fifth respondent and by following due process of law, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

[T.R., A.C.J.] [D.K.K., J.] 03.02.2023 NCC : Yes / No Index : Yes / No Internet: Yes / No vsm/ps

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Executive Engineer, State Highways, Tirunelveli Division, Tirunelveli District.

3.The Tahsildar, Ambasamudram Taluk, Tirunelveli District.

4.The Commissioner, Vikramasingapuram Municipality, Tirunelveli District.

T.RAJA, A.C.J.

and D.KRISHNAKUMAR, J.

vsm/ps ORDER MADE IN DATED : 03.02.2023