Madras High CourtWP(MD)/15263/2014disposed of

E. Sabiya Begum v. The Commissioner

2017-07-31Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.15263 of 2014 and M.P.(MD)No.1 of 2014 E.Sabiya Begum : Petitioner Vs.

1.The Commissioner, Corporation of Madurai, Madurai.

2.Muthu Irulayee 3.Damayanthi 4.Ayyappan : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent herein to remove the unlawful and illegal encroachments made by the respondents 2 to 4 herein by way of offending constructions made by the respondents 2 to 4 on the public road situated in S.No.324 and S.No.328 situated at Chokku Pillai Veethi, Madakulam Main Road, Madakulam, Madurai-3 and restore the public road for user of the road without any hindrance to ingress and egress to the public, within a reasonable time. For Petitioner : Mr.V.Janakiramulu For Respondent No.1 : Mr.R.Prabhu Ramachandran For Respondents 2to4 : No Appearance *********

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition with an allegation that the respondents 2 to 4 encroached upon a portion of the public road situated in Survey No.324 and Survey No.328 situated at Chokku Pillai Veethi, Madakulam Main Road, Madakulam, Madurai-3.

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2. None appears on behalf of the respondents 2 to 4, in spite of printing their names in the cause-list after service.

3. We direct the Commissioner, Corporation of Madurai, to consider and dispose of the representation submitted by the petitioner dated 23 August, 2014, on merits and as per law, after issuing notice to the respondents 2 to 4 and the other encroachers, if any. Such exercise shall be completed, within a period of three months from the date of receipt of a copy of this order.

4. The petitioner is directed to forward a copy of the representation dated 23 August, 2014, along with a copy of this order, so as to enable the first respondent to dispose of the matter, within the time stipulated above.

5. The Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To The Commissioner, Corporation of Madurai, Madurai.

+One cc to Mr.R.Prabhu Ramachandran, Advocate, SR.No.68872 +One cc to Mr.V.Janakiramulu, Advocate, SR.No.69220 SML RL/4C/2P/JC/SAR1/9/8/2017 Order made in W.P.[MD].No.15263 of 2014 Dated:

31.07.2017 https://hcservices.ecourts.gov.in/hcservices/