Mymoona Beevi v. Mohamed Salif

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Friday, the Fifteenth day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice K.K.SASIDHARAN and The Hon`ble Mr.Justice G.R.SWAMINATHAN WMP(MD) No.13531 of 2017 IN WP(MD) No.9744 of 2017 1 MYMOONA BEEVI 2 SURIYA BEGHAM 3 SAHJAKHAN 4 ABDUL NISTHAR 5 V.NALLAKANIMANIAM ... PETITIONERS/RESPONDENT NO.3 to 7 Vs 1 MOHAMED SALIF ... RESPONDENT/WRIT PETITIONER 2 THE DISTRICT COLLECTOR MADURAI MADURAI DISTRICT.

3 THE COMMISSIONER MELUR MUNICIPALITY, MELUR, MADURAI DISTRICT. ... RESPONDENTS/RESPONDENT NO.1 & 2 IN WRIT PETITION Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the order passed in WP(MD)No.9744 of 2017 dated 24.05.2017 and to pass such further or other orders as this Honble Court may deem fit and proper in the above circumstances. Prayer in WP(MD). 9744/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st and 2nd respondents to take appropriate action to remove encroachment and unauthorized construction made in the poromboke land in Survey No.240/4, 240/6 Melur Village, Madurai District by considering the representation of the petitioner dated 12.05.2017 within a time frame that may be fixed by this Honble Court.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.HAJA MOHIDEEN, Advocate for the petitioner and of MR.RAJA KARTHIKEYAN, Additional Government Pleader for R2 & R3 the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

[Order of the Court was made by K.K.SASIDHARAN, J.] We do not find any reason to modify the order dated 24.05.2017 in W.P.(MD).No.9744 of 2017. In case the petitioner is aggrieved on account of the fact that there was an error apparent on the face of record, the only remedy available to the petitioner is to file a Review Petition.

2. The present Miscellaneous Petition is dismissed with the above direction.

sd/- 15/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT COLLECTOR MADURAI MADURAI DISTRICT.

2 THE COMMISSIONER MELUR MUNICIPALITY, MELUR, MADURAI DISTRICT.

+1. C.C. to M/S.A.HAJA MOHIDEEN Advocate SR.No.30851

ORDER

IN WMP(MD) No.13531 of 2017 IN WP(MD) No.9744 of 2017 Date :15/09/2017 MKV-PM-PN-SAR 4/20.09.2017/2P-4C https://hcservices.ecourts.gov.in/hcservices/