Madras High CourtWP(MD)/2716/2021disposed of

Santhanakumar v. The District Collector

2021-02-15Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.2716 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.2716 of 2021 Santhanakumar : Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Commissioner, Tirunelveli Municipal Corporation, Tirunelveli.

3.The Tahsildar, Palayamkottai Taluk, Tirunelveli District.

4.Vivekanandhan 5.Parasuraman 6.Kannan 7.Muthammal : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachments made by respondents 4 to 7 and others in T.S.No.1707 situated in Munaiyaduvar Nayanar Street, Palayamkottai, Tirunelveli Town, by considering the petitioner's representation dated 27.10.2020.

For Petitioner : Mr.R.Maheswaran For Respondents : Mr.K.P.Krishnadoss, Special Government Pleader for RR.1 to 3 *****

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner seeks a direction to the official respondents to remove the encroachment made by the private respondents.

2. The learned Special Government Pleader appearing for the third respondent submitted that there indeed is an encroachment, however, appropriate action is to be taken by the second respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.2716 of 2021 He also produced a copy of the communication sent by the third respondent to the second respondent dated 13.02.2021.

3. In such view of the matter, we call upon the second respondent to take appropriate action to remove the encroachment, after following due process of law and after putting the alleged encroachers on notice. The needful in this regard will have to be done within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) gk To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Commissioner, Tirunelveli Municipal Corporation, Tirunelveli.

3.The Tahsildar, Palayamkottai Taluk, Tirunelveli District.

+1 CC to M/s.SPL GP ( SR-5329[F] dated 16/02/2021 )( SR-5625[F] dated 17/02/2021 ) +1 CC to M/s.R.MAHESWARAN, Advocate ( SR-5426[F] dated 16/02/2021 ) W.P.(MD)No.2716 of 2021 15.02.2021 kvn(CO) KK(24.02.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2