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Madras High CourtWP(MD)/14978/2015disposed of

Dr.A. Vijayarajan v. The District Collector

2017-07-24Honourable The Chief Justice,Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2017

CORAM:

THE HONOURABLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.[MD].No.14978 of 2015 Dr.A.Vijayarajan ... Petitioner -vs1.

The District Collector of Madurai, District Collectorate, Madurai-20.

2.

The Thasildar, Madurai North Taluk, District Collectorate, Madurai-20.

3.

The Commissioner, Madurai City Municipal Corporation, Aringar Anna Maaligai, Madurai-2.

4.

Thangammal 5.

Subburaj ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to remove the encroachments made by the 4th and 5th respondents in Kalloori Veedhi, Thasildar Nagar, Madurai-20 and restore the road to its original shape as per representation made by the petitioner dated 17.07.2015.

For Petitioner : Mr.K.K.Kannan For R1 & R2 : Mr.M.Govindan Spl. Govt. Pleader For R3 : Mr.R.Prabu Ramachandran For R4 : No Appearance For R5 : Mr.M.Muthu Kumaran *****

O R D E R

[Order of the Court was made by The Hon'ble Chief Justice] Heard Mr.K.K.Kannan, learned counsel for the petitioner, Mr.M.Govindan, learned Special Government Pleader for R1 & R2, Mr.R.Prabu Ramachandran, learned counsel appearing for R3 and Mr.M.Muthu Kumaran, learned counsel for R5. There is no representation on behalf of the fourth respondent. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner is before this Court, seeking a Writ of Mandamus, directing the 1st respondent to remove the encroachments made by the 4th and 5th respondents in Kalloori Veedhi, Thasildar Nagar, Madurai-20 and restore the road to its original shape as per representation made by the petitioner dated 17.07.2015.

3. The third respondent shall immediately inspect and survey the road in question and if it is found that there are any unauthorized encroachments into the road, such unauthorized encroachments shall be removed in accordance with law upon notice to the respondents 4 & 5, within two months from the date of receipt of a copy of this order. It is needless to mention that in case there are other encroachers and their identity is not known, a general notice may be issued by insertion in a vernacular newspaper, having wide circulation in the locality.

4. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To:

1.

The District Collector of Madurai, District Collectorate, Madurai-20.

2.

The Thasildar, Madurai North Taluk, District Collectorate, Madurai-20.

3.

The Commissioner, Madurai City Municipal Corporation, Aringar Anna Maaligai, Madurai-2.

+1cc to Mr.R.Prabu Ramachandran, Advocate Sr.No.67414 +1cc to Mr.K.K.Kannan, Advocate Sr.No.67169 AR/SSS VB/KK/SAR1/01/08/2017/2P/6C W.P.(MD) No.14978 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 24.07.2017