K.S. Murugappa v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE K.S.Murugappa, S/o.L.M.K.Shanmuga Sundaram, Secretary, Vasantham Nagar Paguthi Makkal Welfare Sangam, No.6, Vasantha Nagar, Kokkirakulam, Tirunelveli - 627 009.

... Petitioner vs.

1.The Commissioner, Tirunelveli Municipal Corporation, Tirunelveli.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.M.Mahalingam 4.Latha 5.M.Saraswathi 1/6

6.Rajesh 7.Manikandan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner's Association dated 22.05.2020 and to take immediate action for the removal of encroachment into the public street known as Rose Garden Street of Vasanth Nagar Extension, Kokkirakulam, Tirunelveli Corporation limits and maintain the street as a breadth of 9 meters in its entirety.

For Petitioner : Mr.K.Vinoharan for Mr.G.Prabhu Rajadurai For R - 1 : Mr.S.P.Maharajan For R - 2 : Mr.P.Thilak Kumar Government Pleader For RR 3 to 5 : Not ready in notice For RR 6 & 7 : No appearance 2/6

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ on hand has been instituted to direct the respondents to consider the representation of the petitioner's Association dated 22.05.2020 and to take immediate action for the removal of encroachments in the public street known as Rose Garden Street, located in Vasanth Nagar Extension, Kokkirakulam, within the Tirunelveli Corporation limits and maintain the street with a uniform breadth of 9 meters throughout its entirety. 2.The learned counsel appearing for the petitioner submitted that earlier this Court passed an order in W.P(MD)No.932 of 2018, dated 17.01.2018 to consider the representation of the petitioner and pass appropriate orders.

3.With reference to the relief sought for in the present Writ Petition, the learned Special Government Pleader appearing for the first respondent submitted that the encroached portion of the road will be 3/6

identified and all appropriate action will be taken by following the procedures as contemplated under the law.

4.In view of the submissions made by the learned Special Government Pleader, this Writ Petition is disposed of. There shall be no order as to costs.

[S.M.S.,J.] & [A.D.M.C.,J.] 23.07.2025 (1/2) NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The Commissioner, Tirunelveli Municipal Corporation, Tirunelveli.

2.The District Collector, Tirunelveli District, Tirunelveli.

5/6

S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

ps ORDER MADE IN DATED : 23.07.2025 (1/2) 6/6