R.Tamilselvan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.10341 of 2017 R.Tamilselvan .. Petitioner Vs.

1. The District Collector, Trichy District, Trichy.

2. The Commissioner, Trichy Corporation, Trichy.

3. The Thasildar (West), Thasildar Office West, Cambian School Road, Trichy - 1.

4.Ramasubbu 5.Neelamegam 6.Suseela 7.Angammal .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 herein to remove the encroachment made by the respondents 4 to 7 in the pathway situated at Old T.S.No.78, New T.S.No.4, Ward No.M, Block No.42, Thamalarupayam Village, Uraiyur, Trichy District within the time frame fixed by this Court.

For Petitioner : Mr.R.Vijayakumar For Respondents 1 and 3 : Mr.K.Guru, Additional Government Pleader.

For Respondent No.2 : Mr.N.S.Karthikeyan

ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to remove encroachments which are in existence in Old T.S.No.78, New T.S.No.4, Ward No.M, Block No.42, Thamalarupayam Village, Uraiyur, Tiruchirappalli District, by way of issuing a writ of mandamus. https://hcservices.ecourts.gov.in/hcservices/ 2.Mr.K.Guru, learned Additional Government Pleader, has taken notice for the respondents 1 and 3 and Mr.N.S.Karthikeyan,

learned counsel, has taken notice for the second respondent. Considering the nature of the relief sought in the writ petition, notice need not be sent to the remaining respondents. 3.The learned counsel appearing for the petitioner has contended to the effect that the respondents 4 to 7 have made certain encroachments in a public road and under the said circumstances a representation has been given and the same has not been considered.

4.It is seen from the records that Old T.S.No.78 and New T.S.No.4 has been classified as a road. Further it is seen from the records that the petitioner has given a representation to the concerned authorities, but the same has not been considered. Under the said circumstances, this Court is inclined to pass the following order.

5.In fine, this writ petition is allowed without costs and the second respondent is directed to look into the representation dated 20.03.2016 and dispose of the same within a period of one week.

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

1. The District Collector, Trichy District, Trichy.

2. The Commissioner, Trichy Corporation, Trichy.

3. The Thasildar (West), Thasildar Office West, Cambian School Road, Trichy - 1.

+1cc to M/S.Mr.R.Vijayakumar, Advocate SR.No. 58407 +1cc to Special Government Pleader, SR.No. 58515 ORDER MADE IN W.P(MD)No.10341 of 2017 05.06.2017 SMN JM/JC/SAR 4/07.06.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/