Felix Leoraj P v. The District Collector / Member Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)No.5284 of 2024 P.Felix Leoraj : Petitioner Vs.

1.The District Collector / Member Secretary, Local Planning Authority, Sivagangai District.

2.The Commisioner, Devakottai Municipality, Sivagangai District.

3.Amutha : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second respondent herein to consider the petitioner's representation dated 19.01.2024 and pass appropriate orders to stop illegal and unauthorized ongoing construction by the third respondent herein in plot bearing Survey Number 14/5, Block No.21, Ward A of 1/5

Devakottai Municipality, Sivagangai District within a time stipulated by this Court.

For Petitioner : Mr.D.Nallathambi For Respondent No.1 : Mr.P.Thilak Kumar Government Pleader For Respondent No.2 : Mr.K.R.Bharathi Kannan For Respondent No.3 : Mr.V.R.Shanmuganathan

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed seeking for a direction to the second respondent herein to consider the petitioner's representation dated 19.01.2024 and to pass appropriate orders to stop illegal and unauthorized ongoing construction by the third respondent herein in plot bearing Survey Number 14/5, Block No. 21, Ward A of Devakottai Municipality, Sivagangai District. 2.Heard Mr.D.Nallathambi, learned Counsel appearing for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader appearing for the first respondent, Mr.K.R.Bharathi Kannan, learned Standing Counsel appearing for the second respondent and Mr.V.R.Shanmuganathan, learned Counsel appearing for the third respondent.

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3.Considering the facts and circumstances of the case, this Court without going into the merits of the matter, directs the second respondent to consider the petitioner's representation dated 19.01.2024 and pass appropriate orders for removal of the encroachments, if there is any illegal or unauthorized construction on the public road, on merits and in accordance with law as expeditiously as possible.

4.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[D.K.K.,J.] & [R.V.,J.] 08.03.2024 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The District Collector / Member Secretary, Local Planning Authority, Sivagangai District.

2.The Commisioner, Devakottai Municipality, Sivagangai District.

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D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN 08.03.2024 5/5