B.Mani, S/O.Balakrishnan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.12911 of 2017 B.Mani : Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Block Development Officer, Levengipuram Village, Radhapuram Taluk, Tirunelveli District.

3.The Tahsildar, Radhapuram Taluk, Radhapuram, Tirunelveli District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to remove the encroachments made in streets in Survey Nos.1439/13 and 1440/22 at Levengipuram Village, Radhapuram Taluk, Tirunelveli District in the light of G.O.(Ms).No.540 [Revenue (LD6 (2)] Department, dated 04.12.2014 and as per the petitioner's representation dated 06.06.2017.

For Petitioner : Mr.J.Ashok For R-1 & R-3 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader For R-2 : Mr.S.Chandrasekar

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] Though the petitioner is well aware that one Mrs.Leela had encroached upon the public property, the fact remains that the said encroacher is not made as a party in this Writ Petition. https://hcservices.ecourts.gov.in/hcservices/

2. In view of non-impleading of necessary party, the Writ Petition is dismissed. It is open to the petitioner to implead the

encroacher and file a fresh writ petition, if he is still aggrieved. No Costs.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Radhapuram Taluk, Radhapuram, Tirunelveli District.

+1cc to Mr.J.Ashok,Advocate,SR.65331 +1cc to M/S.Special Government Pleader,SR. 65667 W.P.[MD].No.12911 of 2017 13.07.2017 PM KK/SKN RSK/SAR3/24.07.20172/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/