Madras High CourtWP(MD)/7197/2021disposed of

Boominathan.V v. The District Collector

2021-03-30Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.7197 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.7197 of 2021 (Through Video Conferencing) V.Boominathan : Petitioner Vs.

1. The District Collector Sivagangai District Sivagangai.

2. The Divisional Engineer, (Construction & Maintenance) Highways, Sivagangai District, Sivagangai.

3. The Tahsildar, Sivagangai Taluk Sivagangai.

4.P.Mani : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment made by the 4th respondent in S.No.337/2 Melur Road, Kangirankal Revenue Village, Sivagangai & Sivagangai District to have right of access to road as per the representation of the petitioner dated 02.03.2021. For Petitioner : Mr.V.S.Kumaraguru For Respondents : Mr.K.P.Krishnadoss Special Government Pleader.

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner seeks removal of encroachment made by the 4th respondent in S.No.337/2 Melur Road, Kangirankal Revenue Village, Sivagangai & Sivagangai District.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.7197 of 2021 2.When the matter is taken up for hearing, the learned Special Government Pleader produced a copy of the proceedings sent by the respondent No.2 to the office of the Government Pleader dated 29.03.2021 stating that appropriate action will be taken after getting report from the respondent No.3.

3. In such view of the matter, we direct the respondent No.3 to give the report as sought for by the respondent No.2 within two weeks from the date of receipt of a copy of this order. On receipt of the same, the respondent No.2 is expected to take appropriate action to remove the encroachment within a further period of eight weeks thereafter. As we are not passing any positive order, we are not hearing the respondent No.4.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 District Collector,Sivagangai District,Sivagangai. 2.The Divisional Engineer,(Construction & Maintenance) Highways, Sivagangai District, Sivagangai.

3.The Tahsildar,Sivagangai Taluk,Sivagangai.

+1 CC to M/s.SPL GP ( SR-14823[F] dated 31/03/2021 ) +1 CC to M/s.V.S.KUMARAGURU, Advocate ( SR-14935[F] dated 31/03/2021 Order made in W.P.(MD)No.7197 of 2021 Dated: 30.03.2021 RS (06.05.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2