Sdh Jain Vidhyalaya v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12.09.2017 CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.23648 of 2015 & 14028 of 2016 and M.P(MD)No.1 of 2015 in W.P(MD)No.23648 of 2015 W.P(MD)No.23648 of 2015 :
SDH Jain Vidyalaya Matriculation Higher Secondary School, New Natham Road, Thiruppalai, Madurai 625 014 Rep.by its Correspondent, Nilesh S.Sangoye ... Petitioner Vs.
Madurai District.
2.The Commissioner of Corporation, 3.The Superintendent of Police, Madurai District.
4.The Deputy Superintendent of Police, Madurai Rural, Madurai.
5.The Inspector of Police, Oomachikulam, Madurai 625 014.
6.Chellam ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 5 herein to remove the encroachments made by the sixth respondent herein on the public street namely Bharath Nagar Agathiyer Cross Street, Ward No.25, Madurai Corporation leading to second entrance of the petitioner school and restore the public street for ingress and egress to the students, parents, teachers and staff of the petitioner's school from New Natham Road within a reasonable time.
For Petitioner : M/S.I.Shalini for V.Janakiramulu For Respondents : Mr.T.S.Md.Mohideen, AGP.
for RR1, 3 to 5 Mr.R.Murali for R2 Mr.S.Ramesh for R6 W.P(MD)No.14028 of 2016 :
1.C.V.Ponniah 2.G.Muniyasamy ... Petitioner Vs.
Madurai District, Collector Office building, Madurai.
2.Revenue Divisional Officer, Collectorate Office Building, Madurai.
3.The Tahsildar, Madurai North Taluk, Madurai District, Collector Office Building, Madurai.
4.The Block Development Officer, Madurai West Panchayat Union, Madurai.
5.The Chief Educational Officer, Madurai District, Madurai.
6.The Inspector of Matriculation Schools, Tallakulam, Madurai - 625 002.
7.The Commissioner, 8.The Chief Engineer, Public Works Department /Water Resources Department, Tallakulam, Madurai Region, Madurai.
9.The Superintending Engineer (Water Resources), PWD, Periyar - Vaigai Division, Tallakulam, Madurai.
10.The Correspondent, SDH Jain Vidyalaya Matriculation and Higher Secondary School, New Natham Road, Thiruppalai, Madurai - 625 014.
... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 3, 8 and 9 to remove all the encroachments made in Kannanenthal Kanmai situate in S.No.132/1 in Thiruppalai II Bit, Siruthur Village (Village No.37), considering the various representations made by members of Bharath Nagar Residents Welfare Association, Thiruppalai on various occasions and the recent representation dated 16.01.2016 and take appropriate action against the 9th respondent within a time bound, as fixed by this Court.
For Petitioner : Mr.S.Ramesh For Respondents : Mr.T.S.Md.Mohideen, AGP.
for RR1 to 6, 8&9 Mr.N.Shanmuga Selvam for R7 Mr.I.Shalini for Mr.V.Janakiramulu for R10 COMMON O R D E R (Order of the Court was made by G.R.SWAMINATHAN, J.) WP(MD)No.23648 of 2015 has been filed for seeking removal of the encroachments said to have been committed by the sixth respondent herein in Bharath Nagar, Bharath Nagar Agathiyer Cross Street, Ward No.25, Madurai Corporation.
2.WP(MD)No.14028 of 2016 has been filed for removal of the encroachments allegedly made in Kannanenthal Kanmai situate in S.No.132/1 in Thiruppalai II Bit, Siruthur Village. 3.The petitioner in WP(MD)No.23648 of 2015 is the 10th respondent in the other writ petition. There are allegations and counter allegations. It is for the Tahsildar, Madurai North to conduct survey of the lands in question. The Tahsildar, Madurai North is directed to conduct survey within two months from the date of receipt of a copy of this order. The said authority shall issue prior notice to the contesting parties. Based on the outcome of said survey, if any encroachment is in the water channel, the 9th respondent in WP(MD)No.14028 of 2016 is the authority competent to remove the same.
As regards the pathway encroachment, the Commissioner, Madurai Corporation, the second respondent in WP(MD)No.23648 of 2015 is the authority competent to remove the same. The said authorities shall take action if encroachment has been committed by any of the parties.
parties by following statutory procedure. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this order.
4.These writ petitions are disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To Madurai District.
2.The Commissioner of Corporation, 3.The Superintendent of Police, Madurai District. 4.The Deputy Superintendent of Police, Madurai Rural, Madurai.
5.The Inspector of Police, Oomachikulam, Madurai 625 014. 6.The Revenue Divisional Officer, Collectorate Office Building, Madurai.
7.The Tahsildar, Madurai North Taluk, Madurai District, Collector Office Building, Madurai.
8.The Block Development Officer, Madurai West Panchayat Union, Madurai.
9.The Chief Educational Officer, Madurai District, Madurai. 10.The Inspector of Matriculation Schools, Tallakulam, Madurai 11.The Chief Engineer, Public Works Department /Water Resources Department, Tallakulam, Madurai Region, Madurai.
12.The Superintending Engineer (Water Resources), PWD, Periyar - Vaigai Division, Tallakulam, Madurai. +2cc to M/S.V.Rahghavachari, Advocate SR.No. 78521, 78522 +1cc to M/S.N.Shanmuga Selvam, Advocate SR.No. 78545 +1cc to M/S.V.Janakiramulu, Advocate SR.No. 78893 +1cc to M/S.R.Murali, Advocate SR.No. 78393 W.P(MD)No.23648 of 2015 & 14028 of 2016 and M.P(MD)No.1 of 2015 12.09.2017 skm/arul JM/KP/SAR 4/09.10.2017/5P/18C