Natarajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.1985 & 1986 of 2023 Natarajan ... Petitioner Vs 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Commissioner, Pudukkottai Municipality, Pudukkottai & District.

3.The Revenue Divisional Officer, Pudukkottai District, Pudukkottai & District.

4.The Assistant Engineer, Public Works Department, Pudukkottai & District.

... Respondents 1/4

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the second respondent proceedings in 5959/2021/A4 dated 07.12.2022 and quash the same consequently direct the respondents 1 and 2 to consider and pass appropriate order to retain the Shop No. 7 at Kaleef Nagar, TVS Corner, Thirumayam Road, Pudukkottai or consequently direct the second respondent to allot alternative place within a time stipulated by this Court. For Petitioner : Mr.R.Paranjothi For Respondents : Mr.B.Saravanan Additional Government Pleader for R.1, R.3 and R.4 Mr.S.Kameswaran Standing Counsel for R.2

ORDER

Heard the learned counsel on either side.

2.By the impugned order, the petitioner has been called upon to remove the encroachment in question. The learned Standing Counsel for Pudukkottai Municipality states that since there is a proposal to put up a roundana to avoid traffic congestion, the petitioner has been called upon 2/4

to remove the shop in question. It is further stated that if the petitioner submits an application for allotting an alternative site, the same will be considered on merits and in accordance with law and the decision will be taken within a period of three months. The consideration of the petitioner's representation will depend upon the petitioner complying with the impugned order.

3.Granting such liberty for the writ petitioner to move the second respondent, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 03.02.2023 NCC : Yes / No Index : Yes/No Internet : Yes/No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Commissioner, Pudukkottai Municipality, Pudukkottai & District.

3.The Revenue Divisional Officer, Pudukkottai District, Pudukkottai & District.

4.The Assistant Engineer, Public Works Department, Pudukkottai & District.

and W.M.P(MD)Nos.1985 & 1986 of 2023 03.02.2023 4/4