M.Maruthan v. The District Collecotr

W.P.(MD) No.14103 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD) No.14103 of 2019 and W.M.P.(MD) No.10580 of 2019 M.Maruthan ... Petitioner -vs1. The District Collector of Trichy District Collector's Office Tiruchi-620 001

2. The Divisional Engineer / Engineer in Charge K.Sathanur Salai National Highways Highways Office Complex Sengulam Colony Tiruchi-620 021

3. P.Sami Ayya ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 and 2 to remove the encroachment made by the third respondent by putting up a temple which is ongoing in K.Sathanur Street in front of the petitioner's house and opposite to Vasan Medical Hall near Subramania Nagar, Trichi.

For Petitioner : Mr.A.Sankararama Subramanian For Respondents : Mr.M.Murugan Government Advocate for R1 & R2 Mr.R.Venkatesan for M/s.Right Law Associates for R3

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 and 2 to remove the encroachment made by the third respondent by putting up a temple in front of the petitioner's house and opposite to Vasan Medical Hall near Subramania Nagar, Trichi.

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W.P.(MD) No.14103 of 2019

2. Mr.M.Murugan, learned Government Advocate, appearing for the respondents 1 and 2, on instructions, submitted that the offending construction and encroachments have been fully removed. This submission is recorded.

3. The officer in-charge is also present in the Court and produced some photographs.

4. In view of the above, the writ petition is disposed of. However, there will be a direction to the third respondent that at no point of time, he shall put up any construction encroaching the road. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

1. The District Collector of Trichy District, Collector's Office, Tiruchi-620 001.

2. The Divisional Engineer / Engineer in Charge, K.Sathanur Salai, National Highways, Highways Office Complex, Sengulam Colony, Tiruchi-620 021.

+1 CC to M/s.RIGHT LAW ASSOCIATES, Advocate ( SR-93673[F] dated 22/10/2019 ) +1 CC to Mr.A.SANKARARAMASUBRAMANIYAN, Advocate ( SR-93988[F] dated 23/10/2019 ) +1 CC to Spl.GP ( SR-94075[F] dated 23/10/2019 ) W.P.(MD) No.14103 of 2019 and W.M.P.(MD) No.10580 of 2019 22.10.2019 krk MK (04.11.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2