Victor v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY Victor

...Petitioner

-Vs1.The District Collector, Madurai District, Madurai.

2.The Commissioner, Madurai Corporation, Talakulam, Madurai.

3.The Assistant Commissioner, Central Division No.3, Madurai Corporation, Madurai.

4.J.Mohan

...Respondents

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment made by the 4th respondent installed unauthorized Gurusadi in Government Poramboke land Survey No.65 Division -3, Block No. 5/83, with an extent of 0.00.03 sq.m situated at Main Road Vaithiyanathapuram Madurai on the basis of the representations dated 18.01.2025 and 11.02.2025. 1/5

For Petitioner : Mr.S.Muniyandi For R1 : Mr.J.Ashok, Additional Government Pleader For R2 & R3 : Mr.K.K.Kannan Standing Counsel

ORDER

(Order of the Court was made by J.NISHA BANU, J.) Heard the learned counsel for the petitioner, learned Additional Government Pleader for the first respondent and the learned Standing Counsel for the second and third respondents.

2.By consent, this writ petition is taken up for final disposal at the admission stage itself.

3.This writ petition is filed seeking to remove the encroachments made in the petition mentioned property.

4.The learned Additional Government Pleader appearing for the first respondent submits that in view of the direction issued by this Court in a writ petition filed by some other person for the very same relief sought for by the petitioner herein, in W.P.(MD)No.3464 of 2025 dated 07.02.2025, the 2/5

respondents have initiated action and notice has also been issued to the alleged encroachers.

5.Considering the aforesaid submission, this Writ Petition is disposed of with a direction to the respondents to consider the representation of the petitioner also and afford an opportunity of hearing to the petitioner as well as the fourth respondent in the proceedings already initiated and pass appropriate orders on merits and in accordance with law in terms of the directions of this Court in W.P.(MD)No.3464 of 2025 dated 07.02.2025. No costs. (J.N.B.,J.) (S.S.Y.,J.) 21.03.2025 Index : Yes/No Internet : Yes/No ta To 1.The District Collector, O/o. District Collector Office, Madurai District.

2.The Commissioner, Madurai Corporation, Madurai District.

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3.The Assistant Commissioner, West Zone-5, Madurai Corporation, Madurai.

4.The Assistant Town Planning Officer, West Zone-5, Madurai Corporation, Madurai.

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J. NISHA BANU,J.

and S.SRIMATHY.

ta 21.03.2025 5/5