Madras High CourtWP(MD)/18198/2017disposed of

A.John Michael Raj, v. The Divisional Railway Manager

2017-09-22Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.18198 of 2017 A.John Michael Raj .. Petitioner Vs.

1.The Divisional Railway Manager, South Railway, Madurai Division, Madurai.

2.The Station Master, Kurumbur Railway Station, Kurumbur, Tiruchendur Taluk, Thoothukudi District.

3.The Estate Officer, [Southern Railway], Divisional Office, Works Branch, Madurai.

4.The District Collector, Thoothukudi District, Thoothukudi.

5.T.Murugesha Pandian .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to take immediate action for the removal of the illegal temple and the idol installed within the premises of Kurumbur Railway Station, Kurumbur, Tiruchendur Taluk, Thoothukudi District, pursuant to the eviction order passed by the third respondent. For petitioner : Mr.R.Maheswaran for Mr.G.Prabhu Rajadurai For respondents1to3 : Mr.S.Manoharan Standing Counsel For Respondent No.4 : Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The respondents 1 to 4 have taken action for removal of https://hcservices.ecourts.gov.in/hcservices/

encroachment. The fifth respondent challenged the proceedings before the learned Principal District Judge, Tuticorin in C.M.A.No.12 of 2010. According to the petitioner, the learned Principal District Judge dismissed the Civil Miscellaneous Appeal for default and the Judgment has become final.

2. Since the matter was taken up before the Civil Court, we do not find any reason to issue a Writ of Mandamus, as prayed for by the petitioner. It is always open to the respondents 1 to 4 to enforce the order passed by them earlier, in case there is no legal bar for such execution.

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

Sd/- Assistant Registrar(A.E) /True Copy/ Sub Assistant Registrar To:

1.The Divisional Railway Manager, South Railway, Madurai Division, Madurai.

2.The Station Master, Kurumbur Railway Station, Kurumbur, Tiruchendur Taluk, Thoothukudi District.

3.The Estate Officer, [Southern Railway], Divisional Office, Works Branch, Madurai.

4.The District Collector, Thoothukudi District, Thoothukudi.

+1cc to Mr.G.PRABHU RAJADURAI Advocate in SR. No. 81178 NB JS/SKN.RSK/SAR.2/11.10.2017/2P-6C ORDER MADE IN W.P.(MD)No.18198 of 2017 22.09.2017 https://hcservices.ecourts.gov.in/hcservices/