Murugesan. K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Murugesan ... Petitioner Vs.

1.The District Collector, Office of Collectorate, Karur, Karur District.

2.The Commissioner, Municipal Corporation, Karur, Karur District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to ensure and maintain Government Poromboke Cart road in S.No.332 situated at Ward No.38, Thanthoni Village, Karur, Karur District as such without any encroachment by considering petitioner's representation dated 13.02.2023, within time frame.

For Petitioner :

Mr.N.Rajasekar For Respondents :

Mr.M.Sarangan, Addl. Govt. Pleader for R1 Mr.K.Balasubramani, Standing Counsel for R2

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the 1st respondent to ensure and maintain the Government Poromboke Cart road in S.No.332 situated at Ward No.38, Thanthoni Village, Karur, Karur District, as such without any encroachment, by considering petitioner's representation dated 13.02.2023, within a time frame.

2. By consent, this Writ Petition is taken up for final disposal.

3. The learned counsel appearing for the petitioner submitted that since the 2nd respondent is taking steps to construct building at the Government poromboke cart road, the petitioner has filed this Writ Petition.

4. The learned Additional Government Pleader appearing for the first respondent has produced a proceedings of the Commissioner, Karur Corporation dated 24.02.2023 and submitted that the respondent Corporation has not taken any steps to build any constructions in the land in question as alleged by the petitioner, but only the repair works are being done there, since the drainage is getting damaged, which is affirmed by the learned counsel for the petitioner. He further submitted that the present Writ Petition has been filed only based on apprehensions and therefore, this Writ Petition is liable to be dismissed.

5. Recording the aforesaid submissions, this Writ Petition is dismissed. No costs.

[D.K.K., J.] [L.V.G., J.] 27.02.2023 NCC : Yes / No Index : Yes / No vsm

D.KRISHNAKUMAR , J.

and L.VICTORIA GOWRI, J.

vsm To 1.The District Collector, Office of Collectorate, Karur, Karur District.

2.The Commissioner, Municipal Corporation, Karur, Karur District.

27.02.2023