Madras High CourtWP(MD)/5343/2020disposed of

Murali v. The Assistant Engineer

2021-02-11Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.5343 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.5343 of 2020 (Through Video Conferencing) Murali : Petitioner Vs.

1.The Assistant Engineer, Highways Department Devakottai Taluk Sivagangai District.

2.The Tahsildar, O/o Tahsildar Office, Devakottai Taluk Sivagangai District.

3.The Village Administrative Officer, Karunanithi Complex, Aandavar Sheat Devakottai Taluk Sivagangai District.

4.Lalitha : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents 1 to 3 to take appropriate action against the 4th respondent to remove the encroachment by considering the petitioner's representation dated 07.12.2019, within the stipulated period.

For Petitioner : Mr.R.Sundar Srinivasan For Respondents : Mr.K.P.Krishnadoss for R1 to R3 Special Government Pleader No appearance for R4

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) On the complaint made by the petitioner, the respondent No.1 has addressed a communication to the respondent No.2 dated 31.12.2019 to make measurements, so that appropriate action would be taken at his end.

2. Since there is no record to show that the respondent No.2 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5343 of 2020 has undertaken the said exercise, we direct the said authority to do so within four weeks from the date of receipt of a copy of this order. Thereafter, the respondent No.1 shall take a consequential action of removing the encroachment. The aforesaid action would be undertaken by the respondent No.1 within six weeks thereafter.

3. The writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Assistant Engineer, Highways Department Devakottai Taluk Sivagangai District.

2.The Tahsildar, O/o Tahsildar Office, Devakottai Taluk Sivagangai District.

3.The Village Administrative Officer, Karunanithi Complex, Aandavar Sheat Devakottai Taluk Sivagangai District.

+1 CC to M/s.R.SUNDAR SRINIVASAN, Advocate ( SR-4514[F] dated 11/02/2021 ) +1 CC to M/s.GP ( SR-4964[F] dated 15/02/2021 ) W.P.(MD)No.5343 of 2020 Dated: 11.02.2021 KVN(CO) KK(25.02.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2