Madras High CourtWP(MD)/5434/2020disposed of

C.Alagumalai v. The District Collector

2022-11-09Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.5434 of 2020 and W.M.P.(MD)No.4728 of 2020 C.Alagumalai ... Petitioner -Vs1.The District Collector, Collectorate, 2.The Tahsildhar, Vadipatti, 3.The Block Development officer, Vadipatti, 4.The President, Mullipallam Panchayat,

Mullipallam 625 207, 5.Kancheevanam ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to t to remove the encroachments made by the 5th respondent in public pathway in V.O.C.Street marked yellow in the village map (annexed in page No.3) in Survey No.553 of Mullipallam Village, Vadipatti Taluk, Madurai District. For Petitioner : Mr.M.V.Venkataseshan For R1 to R4 : Mr.P.Thilak Kumar, Government Pleader.

For R5 : Mr.S.M.Mohan Gandhi

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachments made by the 5th respondent in the public pathway in V.O.C.Street, situate at Survey No.553 of Mullipallam Village, Vadipatti Taluk, Madurai District.

2. Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents 1 to 4 submitted that there are some encroachments in the place in question and the same would be removed by the authorities concerned within a time frame, by due process of law, for which, the learned counsel for the petitioner is agreeable.

3. Recording the above submission, this Writ Petition is disposed of with a direction to the authorities concerned to remove the encroachment in the place in question, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] & [J.S.N.P., J.] 09.11.2022 vsm Index :

Yes / No Internet : Yes / No

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

VSM To 1.The District Collector, Collectorate, 2.The Tahsildhar, Vadipatti, 3.The Block Development officer, Vadipatti, 4.The President, Mullipallam Panchayat, Mullipallam 625 207, W.P.(MD)No.5434 of 2020 09.11.2022