Madras High CourtWP(MD)/7847/2018disposed of

S.Kaja Maideen v. The District Collector

2018-04-11Honourable Mr Justice A.M. Basheer Ahamed,Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE C.T.SELVAM And THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED W.P(MD)No.7847 of 2018 S.Kaja Mohideen ... Petitioner vs.

1.The District Collector, Collectorate Campus, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Collectorate Campus, Tirunelveli District, Tirunelveli.

3.The Tahsildar, Kadayanallur Taluk, Tirunelveli District.

4.The Commissioner, Puliyankudi Municipality, Tirunelveli District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to remove the encroachments made in the existing common public road which provide access to the Karpaga Street, Jinna Nagar connecting with other main streets of Puliangudi Municipality, Tirunelveli District by considering the representation of the petitioner and signed by other general public dated 18.07.2017, 18.01.2018 and 06.03.2018 within a stipulated time as that may be fixed by this Court.

For Petitioner : Mr.R.Thangapandian For Respondents : Mr.M.Rajarajan Govt.Advocate

ORDER

(Order of the Court was made by C.T.SELVAM, J.) https://hcservices.ecourts.gov.in/hcservices/ By consent, Writ Petition itself, is taken up for final disposal.

2. Mr.M.Rajarajan, Learned Government Advocate takes notice for respondents.

3. This Writ Petitioner seeks issuance of a Writ of Mandamus, directing respondents to remove the encroachments made in the existing common public road, which provide access to the Karpaga Street, Jinna Nagar connecting with other main streets of Puliangudi Municipality, Tirunelveli District, by considering the representation of the petitioner and signed by other general public dated 18.07.2017, 18.01.2018 and 06.03.2018.

4. Learned Government Advocate seeks time towards consideration of the representation.

5.Without going into the merits of the case and recording the above submission of learned Additional Government Pleader, this writ petition shall stand disposed of, with a direction to respondents to consider the representation of petitioner, dated 06.03.2018, in the event of the allegation of petitioner being correct, respondents shall act in keeping with the Provisions of the Tamil Nadu District Municipalities Act, towards removing encroachment and pass orders on merits and proceed further in accordance with law.

Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Collectorate Campus, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Collectorate Campus, Tirunelveli District, Tirunelveli.

3.The Tahsildar, Kadayanallur Taluk, Tirunelveli District. 4.The Commissioner, Puliyankudi Municipality, Tirunelveli District +1CC to Mr.R.Thanga Pandian, Advocate, SR.No. 60596 +1CC to Mr.M.Rajarajan, Advocate, SR.No. 60881 +1CC to the Special Government Pleader SR.No.60731 Order made in W.P(MD)No.7847 of 2018 11.04.2018 MPK/NBJ AM/SV MMS/SAR 1/27.04.2018/2P/8C https://hcservices.ecourts.gov.in/hcservices/