Asia Katheeja v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Asia Katheeja ... Petitioner Vs.
1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Revenue Divisional Officer, Tiruchendur Division, Thoothukudi District.
3.The Tahsildhar, Tiruchendur Taluk, Thoothukudi District.
4.The Assistant Engineer, Tamil Nadu State High Ways Department, Tiruchendur, Thoothukudi District.
5.The Town Secretary, All India Anna Dravida Munnetra Kazhagam, Tiruchendur Town Office, Thoothukudi District.
6.The Town Secretary, Dravida Munnetra Kazhagam, Tiruchendur Town Office, Thoothukudi District.
7.The Town Secretary, Viduthalai Chiruthaigal Katchi, Tiruchendur Town Office, Thoothukudi District.
... Respondents (RR - 5 to 7 are impleaded vide order dated 07.09.2021 made in W.M.P.(MD).No.12726 of 2021) PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the party flags and its platform and other encroachment 1/3
made in Tiruchendur to Thoothukudi State High Ways Road in front of the petitioner's property at Survey No.131, Kayalpattinam South Village, Tiruchendur Taluk, Thoothukudi District within a time that may be fixed by this Court.
For Petitioner : Mr.K.Navaneetharaja For RR 1 to 4 : Mr.B.Saravanan Government Advocate
ORDER
(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, to direct the respondents to remove the party flags and its platform and other encroachments made in Tiruchendur to Thoothukudi State Highways Road in front of the petitioner's property.
2.When the Writ Petition is taken up for hearing today, the learned counsel appearing for the petitioner submitted that the Highways Department has already issued notice to the encroachers and are taking action to remove the encroachments. 3.Mr.B.Saravanan, learned Government Advocate appearing for the respondents 1 to 4 also submitted that the Highways authorities are taking action for the removal of the encroachments.
4.The learned counsel appearing for the petitioner further submitted that since the Highways authorities are taking action against the encroachers, the Writ Petition may be closed fixing a time frame for evicting the encroachers.
5.In view of the submissions made by the learned counsel on either side, the Writ Petition stands closed. We direct the fourth respondent to complete the exercise of removing the encroachments in the land in question within a period of twelve weeks from the date of receipt of copy of this order. No costs. Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) indu/ps 2/3
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To 1.The District Collector, Thoothukudi District, Thoothukudi.
2.The Revenue Divisional Officer, Tiruchendur Division, Thoothukudi District.
3.The Tahsildhar, Tiruchendur Taluk, Thoothukudi District.
4.The Assistant Engineer, Tamil Nadu State High Ways Department, Tiruchendur, Thoothukudi District.
+1 CC to M/s.SPL GP (SR-28717[F] dated 09/09/2021) 07.09.2021 NSN(CO) SB(29.09.2021) 3P 6C 3/3