Ganapathy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.M.P.(MD) Nos.2665 and 2667 of 2024
1. Ganapathy
2. Muthammal
3. Pappammal
4. Sumathi
5. Theethayi
6. Ponnusamy
7. Senbaham
8. Mookkayee
9. Mookkayee
10. Lakshmi
11. Ayyappan
12. Chinnaponnu
13. Seethalakshmi
14. Pathima
15. Maruthayee
16. Palaniyammal
17. Chinnakunju
18. Mookkayee
19. Muthu
20. Periasamy
21. Kala
22. Malliga
23. Revathi
24. Bhuvaneswari
25. Subramani ... Petitioners -vs1.The District Collector, Collector Office, Trichirappalli.
2.The Tahsildar, Taluk Office, Marungapuri Taluk, Tiruchirappalli District.
3.The Superintending Engineer, Highways (Construction and Maintenance), Tiruchirappalli - 626 020.
4.Assistant Divisional Engineer, Assistant Divisional Engineer Office, Highways (Construction and Maintenance), Manapparai, Tiruchirappalli District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the 4th respondent from the demolishing of the petitioners houses of Athupatti in Ponnampatti Town Panchayat, Marungapuri Taluk, Tiruchirappalli District until the alternative accommodation is provided as per petition of the petitioners dated 20.11.2023 and 18.01.2024 For Petitioner :
Mr.S.Radhakrishnan For Respondents :
Mr.T.Amjadkhan Government Advocate
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.] The prayer in this writ petition is to issue a Writ of Mandamus,
forbearing the 4th respondent from the demolishing of the houses of the petitioners at Athupatti in Ponnampatti Town Panchayat, Marungapuri Taluk, Tiruchirappalli District, until the alternative accommodation is provided as per petitions submitted by the petitioners dated 20.11.2023 and 18.01.2024
2. Today, when the matter was taken up for hearing, learned Government Advocate appearing for the respondents stated that the encroachment made by the petitioners by putting houses has already been removed on 02.02.2024.
3. In view of the above, the first and main prayer sought for by the petitioner has become infrunctuous. However, considering the submissions made by the learned counsel for the petitioner regarding the second prayer, this Court directs the second respondent to consider the petitions submitted by the petitioners dated 20.11.2023 and 18.01.2024 and pass orders on merits and in accordance with law as expeditiously as possible.
3. Accordingly, the Writ Petition is dismissed as infructuous with the above directions. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.
[D.K.K., J.] [R.V., J.] 08.02.2024 Index : Yes / No Internet : Yes / No SJ To 1.The District Collector, Collector Office, Trichirappalli.
2.The Tahsildar, Taluk Office, Marungapuri Taluk, Tiruchirappalli District.
3.The Superintending Engineer, Highways (Construction and Maintenance), Tiruchirappalli - 626 020.
4.Assistant Divisional Engineer, Assistant Divisional Engineer Office, Highways (Construction and Maintenance), Manapparai, Tiruchirappalli District.
D.KRISHNAKUMAR , J.
and R.VIJAYAKUMAR, J.
SJ 08.02.2024