Madras High CourtWP(MD)/18311/2018disposed of

M.Muniaperumal, v. The District Collector,

2018-08-23Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD].No.18311 of 2018 M.Muniaperumal : Petitioner Vs.

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Regional Director of Municipalities, Regional Director Office, Palayamkottai, Tirunelveli District.

3. The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

4. The Tahsildar, Kadaiyanallur, Tirunelveli District.

5. The Commissioner, Puliyankudi Municipality, Puliyankudi, Tirunelveli District.

6. State, rep by The Inspector of Police, Puliyankudi Police Station, Tirunelveli District.

7.Kirakori @ Balasubramanian : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 6 to remove the encroachment of the common pathway comprised in Survey Nos.181 and 185 situated at Puliyankudi Village, Tirunelveli District, encroached by the seventh respondent, by taking necessary action on the basis of the petitioner's representation dated 08.06.2018 within a time frame to be stipulated by this Court.

For petitioner : Mr.S.Sadeshkumar For respondents 1to4&6 : Mr.N.Shanmugaselvam Additional Government Pleader For Respondent No.5 : Mr.M.Rajarajan Standing Counsel

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner made a representation dated 08.06.2018 to the respondent Nos.3 and 4 alleging that the respondent No.7 has encroached upon the public pathway. As the aforesaid representation has not been disposed of, the present Writ Petition has been filed.

2. Taking into consideration of the pendency of the representation, the fourth respondent is directed to consider the representation of the petitioner dated 08.06.2018 and pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. It is needless to say that before passing orders, the petitioner as well as the respondent No.7 shall be put on notice.

3. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (Crl. Side) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Regional Director of Municipalities, Regional Director Office, Palayamkottai, Tirunelveli District.

3. The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

4. The Tahsildar, Kadaiyanallur, Tirunelveli District.

5. The Commissioner, Puliyankudi Municipality, Puliyankudi, Tirunelveli District.

6. The Inspector of Police, Puliyankudi Police Station, Tirunelveli District.

+1cc to Mr.M.Rajarajan, Advocate SR.No.79971 +1cc to Mr.S.Sadeshkumar, Advocate SR.No.80235 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No.80066 Nb MK/RP/SAR 1/07.09.2018/3P/10C ORDER MADE IN W.P.[MD].No.18311 of 2018 23.08.2018