Madras High CourtWP(MD)/12445/2022dismissed

Radhakrishnan .D v. The Director

2022-06-20Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice R. Hemalatha2 pages

W.P.(MD)No.12445 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs. JUSTICE R.HEMALATHA W.P.(MD)No.12445 of 2022 D.Radhakrishnan : Petitioner Vs.

1.The Director, Office of the Director, Town and Country Planning Department Chennai 2.The District Collector District Collectorate, Dindigul District 3.The Assistant Director, Office of the Assistant Director, The Town and Country Planning Department Dindigul District 4.The Executive Officer, Neikarapatti Village Palani Taluk Dindigul District : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents No.1 to 4 to remove the illegal Asbestos Bakery construction and septic tank in the public road by the encroachers and consequently directing the respondents No.1 to 4 restraining the encroachers from put up any construction.

For Petitioner : Mr.M.M.Iqbal For Respondents : Mr.A.K.Manikkam for R1 to R3 Special Government Pleader Mr.D.Sadiq Raja for R4

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) It is the case of the petitioner that a bakery has been built in the public road and thereby free access in the road is being hindered. Hence, the Public Interest Litigation has been filed for removal of the same. The fact remains that the alleged encroacher has not been made as a party in this writ petition. In such view of https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.12445 of 2022 the matter, this writ petition is closed with liberty to the petitioner to file a fresh application making the encroacher as a party. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // /06/2022 Sub Assistant Registrar(CS) RR To 1.The Director, Office of the Director, Town and Country Planning Department Chennai 2.The District Collector District Collectorate, Dindigul District 3.The Assistant Director, Office of the Assistant Director, The Town and Country Planning Department Dindigul District 4.The Executive Officer, Neikarapatti Village Palani Taluk Dindigul District +1 CC to M/s.SPL.GP ( SR-27140[F] dated 21/06/2022 ) Order made in W.P.(MD)No.12445 of 2022 20.06.2022 vr(CO) TR(28.06.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2