O.A.Ajmal Khan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.1338 of 2017 O.A.Ajmal Khan .. Petitioner Vs.

1. The Commissioner, Tirunelveli Municipal Corporation, Tirunelveli.

2. The Assistant Commissioner, Melapalayam Ward Office, Tirunelveli.

.. 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 to remove the fish shops put up by encroachment in the junction of Anna Street, i.e., starting point of Valluvar Street at Melapalayam, Tirunelveli District by considering the petitioner representations dated 22.09.2016 and reminder dated 24.10.2016 in accordance with law and within the time fixed by this Court.

For Petitioner : Mr.H.Arumugam For Respondents : Mr.Aayiram K.Selvakumar, Government Advocate.

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 alleged to have been made by encroachers in Anna Street, Melapalayam, Tirunelveli District, by way of issuing a writ of mandamus.

2.It is averred in the petition that the petitioner is a resident of Melapalayam. Further it is averred in the petition that in Anna Street, Melapalayam, some encroachments are in existence. Under the said circumstances, a representation dated 22.09.2016 has been given. But the respondents have not considered the same and therefore the present writ petition has been filed for getting the relief sought therein. https://hcservices.ecourts.gov.in/hcservices/

3.Mr.Aayiram K.Selvakumar, learned Government Advocate, has taken notice for the respondents.

4.Considering the averments made in the petition, this Court is inclined to issue the following order. 5.In fine, this writ petition is allowed without costs and the respondents are directed to remove encroachments under due process of law within a period of two months. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To

1. The Commissioner, Tirunelveli Municipal Corporation, Tirunelveli.

2. The Assistant Commissioner, Melapalayam Ward Office, Tirunelveli.

+1cc to Mr.H.Arumugam, Advocate, SR NO:4953 +1cc to Mr.Aayiram K.Selvakumar, Advocate, SR NO:4815 ORDER MADE IN W.P(MD)No.1338 of 2017 30.01.2017 smn MKV-PM/03.02.2017/2p-5c https://hcservices.ecourts.gov.in/hcservices/