Vinobavasaravan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI Vinobavasaravan ... Petitioner Vs 1.The District Collector, 2.The Commissioner, Municipal Corporation, 3.The Inspector of Police, East Police Station, 4.The Deputy Superintendent, Thanjavur Town, ... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus, to direct the 1st and 2nd Respondents to take immediate Action for the removal of encroachment made by the dwellers on the common pathway in W-6, B-81, T.S.No.8 before subdivision and after subdivision the Number given as 8/1, 8/2 based on the petitioner's representation dated 10.08.2020 submitted for removal of encroachment and in the light of G.O.Ms.No.540 dated 04.12.2014 within a time frame as fixed by this Honourable Court.

For Petitioner : Mr.K.Sundaramoorthy For respondents : Mr.A.K.Manickam Standing Counsel for Government for R1, R3 and R4 Mr.N.Dilip Kumar Standing Counsel for R2 1/3

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.K.Sundaramoorthy, learned counsel appearing for the petitioner, Mr.A.K.Manickam, learned Standing Counsel for Government, appearing for the respondent Nos.1, 3 and 4 and Mr.N.Dilip Kumar, learned counsel for respondent No.2. 2.This Writ Petition has been filed for immediately removing all encroachments, for which, already action has been initiated by the respondent Municipality, which is evident from the communication sent to the petitioner dated 08.03.2021.

3.Mr.N.Dilip Kumar, learned Standing Counsel for the second respondent Municipality submitted that due to the pandemic situation, action has not been initiated for eviction of encroachment and if reasonable time is granted, appropriate action will be taken in accordance with law.

4.In the light of the same, the second respondent Municipality is directed to proceed further as intimated by them to the petitioner vide order dated 08.03.2021 and take action in accordance with law so that the encroachments are removed. This direction be complied with within twelve weeks from the date of receipt of a copy of this order.

5.The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sj Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The District Collector, 2.The Commissioner, Municipal Corporation, 2/3

3.The Inspector of Police, East Police Station, 4.The Deputy Superintendent, Thanjavur Town, +1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-21359[F] dated 06/07/2021 ) +1 CC to M/s.K.SUNDARAMOORTHY, Advocate ( SR-21362[F] dated 06/07/2021 ) +1 CC to M/s.SPL GP ( SR-21704[F] dated 08/07/2021 ) 06.07.2021 MA(CO) RD(16.07.2021) 3P 8C 3/3