Ammaiyappan.S v. The Joint Commissioner
W.P.(MD) No.5335 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.5335 of 2022 S.Ammaiyappan ... Petitioner /vs./ 1.The Joint Commissioner, The Tamil Nadu Hindu Religious and Charitable Endowments Department, Madurai.
2.The Assistant Commissioner, The Tamil Nadu Hindu Religious and Charitable Endowments Department, Madurai.
3.The Commissioner, Melur Municipality, Melur Taluk, Madurai District.
4.S.Ramachandran 5.K.Ramu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st and 2nd respondents herein to remove the encroachment made by the 4th respondent herein in the light of the order passed by the 1st respondent in Miscellaneous Petition No.158/2017 dated 15.09.2021. For Petitioner : Mr.V.B.Sundhareshwar For R1 to R3 : Mr.P.T.Thiraviam Government Advocate
ORDER
The petitioner has filed this writ petition for a Mandamus to direct the respondents 1 and 2 to remove the encroachment made by the 4th respondent, in the light of the order passed by the 1st respondent in Miscellaneous Petition No.158/2017 dated 15.09.2021.
2. A reading of the order passed in Miscellaneous Petition No.158/2017 dated 15.09.2021 indicates that not only the petitioner but also the private respondents, namely the respondents 4 and 5 are named as encroachers. Considering the same, while dispensing with the notice at this stage against the respondents 4 and 5, this https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.5335 of 2022 writ petition is disposed of by directing the 2nd respondent to implement the order dated 15.09.2021 passed in M.P.No.158 of 2017 within a period of 60 days from the date of receipt of a copy of this order. It is needless to state that the private respondents, against whom the aforesaid order has been passed, shall also be given notice before such proceedings are taken in accordance with law by the 2nd respondent.
3. The writ petition stands disposed of, in terms of the above observation. No costs.
Sd/- Assistant Registrar (R) // True Copy // / /2022 Sub Assistant Registrar(CS) mm To 1.The Joint Commissioner, The Tamil Nadu Hindu Religious and Charitable Endowments Department, Madurai.
2.The Assistant Commissioner, The Tamil Nadu Hindu Religious and Charitable Endowments Department, Madurai.
3.The Commissioner, Melur Municipality, Melur Taluk, Madurai District.
+1 CC to M/s.SPL GP ( SR-14519[F] dated 25/03/2022 ) +1 CC to M/s.V.B.SUNDHARESHWAR, Advocate ( SR-14987[F] dated 28/03/2022 ) W.P.(MD)No.5335 of 2022 25.03.2022 PA(12.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2