M.Somasundaram v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2017

CORAM

THE HON'BLE MR.JUSTICE A.SELVAM and THE HON'BLE MR.JUSTICE P.KALAIYARASAN W.P(MD) No.11009 of 2015 M.Somasundaram ... Petitioner -vs1.The Commissioner, Madurai City Corporation, Madurai.

2.The Revenue Divisional Officer, Madurai South Taluk, Madurai.

3.The Tahsildar, Thiruparankundram Taluk, Thirunagar, Madurai.

4.A.Ramaraj ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to remove the encroachment on the pathway in T.S.No.117 and 122 in Madakulam Village, Thiruparankundaram Taluk, Madurai District.

For Petitioner : Mr.V.Angusamy For R - 1 : Mr.J.Genaseelan Muthiah For RR - 2 & 3 : Mr.D.Muruganandam Additional Government Pleader For R - 4 : Mr.D.Venkatesh

O R D E R

[Order of the Court was made by A.SELVAM, J.] This Writ Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to remove encroachments which are in existence in T.S.Nos.117 and 122, https://hcservices.ecourts.gov.in/hcservices/

Madakulam Village, Thiruparandkundram Taluk, Madurai District by way of issuing a Writ of Mandamus.

2.It is seen from the revenue records that T.S.Nos.117 and 122 have been classified as streets and the same vest with the Madurai Corporation.

3.The main contention put forth on the side of the petitioner is that in the town survey numbers mentioned in the petition, some encroachments are in existence. Considering the classification of town survey numbers mentioned in the petition, this Court is inclined to pass the following order. 4.In fine, this Writ Petition is allowed without cost. The first respondent viz., Commissioner, Madurai City Corporation is directed to measure T.S.Nos.117 and 122, Madakulam Village with the assistance of revenue records and if there is any encroachment, remove the same under due process of law within a period of two months.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The Commissioner, Madurai City Corporation, Madurai.

2.The Revenue Divisional Officer, Madurai South Taluk, Madurai.

3.The Tahsildar, Thiruparankundram Taluk, Thirunagar, Madurai.

+1 cc to M/s.J.Gunaseelan Muthiah, Advocate in SR.No. 9623 +1 cc to M/s.V.Angusamy, Advocate in SR.No. 9807 +1 cc to M/S.D.Venkatesh, Advocate in SR.No.10562 +1 cc to The Special Government Pleader in SR.No. 10051 mj CSL/PM-PN/01.03.2017 : 2P/8C W.P(MD) No.11009 of 2015 22.02.2017 https://hcservices.ecourts.gov.in/hcservices/