Madras High CourtWP(MD)/5618/2015disposed of

Chinnammal v. The District Collector

2015-04-15Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :15.04.2015

CORAM

THE HONOURABLE MR.JUSTICE.R.MAHADEVAN W.P(MD).No.5618 of 2015 Chinnammal ... Petitioner Vs 1.The The District Collector, Trichy District, Trichy.

2.The Divisional Engineer, Highways Department, Trichy.

3.The Assistant Engineer, Highways Department, Trichy.

4.The Surveyor, Highways Department, Trichy.

5.Nallathambi.

... Respondents This Writ Petition has been filed praying for a writ of Mandamus directing the 1st respondent to initiate and complete the proceedings under section 133 of Cr.P.C. to remove the encroachment and nuisance caused by the 5th respondent in survey no.254 of Mavanoor to Thiruvallarai Road at Udaiyanpatti Village Musiri Taluk, Trichy District, on the basis of the petitioner's representation dated 29.12.2014.

For petitioner : Mr.R.Rajaraman For R.1 to 4 : Mr.Muthukaruppan Additional Government Pleader

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the first respondent to initiate and complete the proceedings under section 133 of Cr.P.C. to remove the encroachment and nuisance caused by the 5th respondent in Survey No.254 of Mavanoor to Thiruvallarai Road at Udaiyanpatti Village Musiri Taluk, Trichy District, on the basis of the petitioner's representation dated 29.12.2014.

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2. Mr.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents.

3. By consent, this Writ Petition itself is taken up final disposal.

4. Though the learned counsel for the petitioner has prayed for a larger relief, he would submit that it would be suffice if the representation of the petitioner is disposed of on merits and in accordance with law within the time stipulated by this Court.

5. The learned counsel appearing for the respondents has no objection in considering the request of the petitioner.

6. In view of the above, without going into the merits of the claim made by the petitioner in this Writ Petition, the second respondent is directed to pass appropriate orders on the representation of the petitioner, dated 29.12.2014, on merits and in accordance with law, after giving notice to the interested parties, if any, and also considering the documents filed by the petitioner, within a period of two months from the date of receipt of a copy of this order.

With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The The District Collector, Trichy District, Trichy.

2.The Divisional Engineer, Highways Department, Trichy.

3.The Assistant Engineer, Highways Department, Trichy.

4.The Surveyor, Highways Department, Trichy. +One cc to M/s.R.Rajaraman, Advocate, SR.No.18802 +One cc to The Special Government Pleader, SR.No.18965 ssm RL/ 7c - 22/4/2015 W.P(MD).No.5618 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 15.04.2015