Srinivasan.P v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.14307 of 2022 and W.M.P.(MD) No.10226 of 2022 1.P.Srinivasan 2.S.Ragunathan ... Petitioners Vs.

1.The Commissioner, Tiruchirappalli City Municipal Corporation, 58, Bharathidasan Salai, Tiruchirappalli - 620 001.

2.The Assistant Commissioner, Ponmalai Zone, Tiruchirappalli City Municipal Corporation, TVS Tolgate, Opp. to Circuit House, Tiruchirappalli -620 020.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioners' representation dated 18.06.2022 for the removal of unauthorised and illegal construction put up in S.F.No.74/1A situated at Agaram Village, Thiruverumbur Taluk, Tiruchirappalli District admeasuring to an extent of 1200 sq. ft. belonging to the 1st respondent Corporation and to evict the encroachers from the 1/4

property comprised in T.S.Nos.15/6 and 16/1 admeasuring to an extent of 400 sq.ft.

For Petitioner : Mr.B.Prasanna Vinoth For Respondents : Mr.R.Baskaran Additional Government Pleader ***

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to remove the unauthorised and illegal construction put up in S.F.No.74/1A situated at Agaram Village, Thiruverumbur Taluk, Tiruchirappalli District admeasuring to an extent of 1200 sq. ft. belonging to the 1st respondent Corporation and to evict the encroachers from the property comprised in T.S.Nos.15/6 and 16/1 admeasuring to an extent of 400 sq.ft. based on the petitioners' representation dated 18.06.2022. 2.

Heard Mr.B.Prasanna Vinoth, learned counsel for the petitioner and Mr.R.Baskaran, learned Additional Advocate General, appearing for the respondents.

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3.

Despite making several allegations against few individuals, stating that they have illegally encroached into the public property and put up constructions without obtaining planning permission, they are not impleaded as respondents. 4.

Hence, the Writ Petition and connected W.M.P. (MD) No.10226 of 2022 are dismissed for not impleading proper and necessary parties. However, it is open to the petitioners to approach this Court after impleading proper and necessary parties. No costs.

[S.S.S.R., J.] [S.S.Y., J.] 06.07.2022 Index : Yes / No sj To 1.The Commissioner, Tiruchirappalli City Municipal Corporation, Kamaraj Salai, Tiruchirappalli - 620 001.

2.The Assistant Commissioner, Ponmalai Zone, Tiruchirappalli City Municipal Corporation, TVS Tolgate, Opp. to Circuit House, Tiruchirappalli -620 020.

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S.S.SUNDAR, J.

and S.SRIMATHY , J.

sj W.P(MD)No.14307 of 2022 06.07.2022 4/4