Madras High CourtWP(MD)/8827/2014dismissed

Karuppaiah v. The District Collector

2016-11-09Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.8827 of 2014 KARUPPAIAH S/O. MOOKAN POOSARI KANIALANSWAMY KOVIL SAMAYANALUR MADURAI DISTRICT.

.. Petitioner Vs.

1 THE DISTRICT COLLECTOR MADURAI DISTRICT MADURAI.

2 THE DIVISIONAL ENGINEER (HIGHWAYS) CONSTRUCTION AND MAINTENANCE MADURAI.

3 THE ASSISTANT DIVISIONAL ENGINEER (HIGHWAYS) CONSTRUCTION AND MAINTENANCE MADURAI WEST MADURAI.

.. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari call for the records of the 3rd respondent in his proceedings in Ku.Mu. Encroachment/2013-14/E.Va/Dt.20.5.2014 and quash the same is illegal violation of principles of law.

For Petitioner : Mr.G.Marimuthu For Respondents : Mr.M.Govindan Spl. Government Pleader

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) This writ petition has been filed challenging the notice issued by the 3rd respondent in his proceedings in Ku.Mu. Encroachment/2013-14/E.Va/Dt.20.5.2014, directing the petitioner to remove the encroachment in S.No.51 at Samayanallur Village.

2. The petitioner states that he has not encroached upon the said land. But the learned Special Government Pleader would submit that the land was surveyed and it has been found that the petitioner has been encroached upon.

3. In view of the above submissions, if it is found that the petitioner has encroached upon the said property or land, it is for the authority to remove the said encroachment within a https://hcservices.ecourts.gov.in/hcservices/

period of four weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is dismissed. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1 THE DISTRICT COLLECTOR MADURAI DISTRICT MADURAI.

2 THE DIVISIONAL ENGINEER (HIGHWAYS) CONSTRUCTION AND MAINTENANCE MADURAI.

3 THE ASSISTANT DIVISIONAL ENGINEER (HIGHWAYS) CONSTRUCTION AND MAINTENANCE MADURAI WEST MADURAI.

+One cc to Mr.G.Marimuthu, Advocate, SR.No.67328 +One cc to the Special Government Pleader, SR.No.67907 RR RL/6C/2P/SKS/RR/1.12.2016 ORDER MADE IN W.P(MD)No.8827 of 2014 09.11.2016 https://hcservices.ecourts.gov.in/hcservices/