Muralidharan.R v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI Writ Petition (MD).No.6632 of 2021 and W.M.P.(MD).No.5140 of 2021 R.Muralidharan ... Petitioner Vs.
1.The District Collector, Virudhunagar, Virudhunagar District.
2.The Zonal Municipal Managing Director, Office of the Zonal Municipal Managing Director, Shanthi Nagar, Thoothukudi Road, Palayamkottai, Tirunelveli.
3.The Municipal Commissioner, Sattur, Virudhunagar District.
4.The Revenue Divisional Officer, Sattur, Virudhunagar District.
5.The Tahsildar, Sattur Taluk, Virudhunagar District.
6.R.Amsakalyani 7.J.Vasanthi ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove all kinds of encroachments, including the encroachment caused by the 6th and 7th respondents and to lay a Thar road properly, by considering the representation of the petitioner, dated 04.03.2021 and to initiate legal action against the 6th and 7th respondents.
For Petitioner : Mr.C.M.Arumugam For R1, R4 & R5 : Mr.R.Baskaran Standing counsel for Government For R3 : Mr.M.Kannan 1/3
O R D E R
(Order of the Court was made by T.S.SIVAGNANAM,J.) Heard Mr.C.M.Arumugam, learned counsel appearing for the petitioner, Mr.R.Baskaran, learned Standing counsel appearing for the respondents 1, 4 and 5 and Mr.M.Kannan, learned counsel appearing for the third respondent.
2. The petitioner has filed this writ petition seeking for a positive direction upon the respondents 1 to 5 to remove all kinds of encroachments, including the encroachment caused by the sixth and seventh respondents and to lay a Thar road, by considering his representation.
3. The private respondents have been served and their names are printed in the causes list, but none appears for the private respondents.
4. The learned counsel appearing for the third respondent Municipality submitted that the property in question, which is comprised in Survey No.51/1 is a private property.
5. In any event, a representation has been given, the petitioner may be informed by a reply in writing as to why his request can or cannot be considered. This reply would be sent to the petitioner by the third respondent within six weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) akv 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.
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To 1.The District Collector, Virudhunagar, Virudhunagar District.
2.The Zonal Municipal Managing Director, Office of the Zonal Municipal Managing Director, Shanthi Nagar, Thoothukudi Road, Palayamkottai, Tirunelveli.
3.The Municipal Commissioner, Sattur, Virudhunagar District.
4.The Revenue Divisional Officer, Sattur, Virudhunagar District.
5.The Tahsildar, Sattur Taluk, Virudhunagar District.
+1 CC to M/s.SPL GP ( SR-21216[F] dated 05/07/2021 ) +1 CC to M/s.M.KANNAN, Advocate ( SR-21153[F] dated 05/07/2021 ) Writ Petition (MD).No.6632 of 2021 02.07.2021 KK(09.07.2021) 3P 8C 3/3