Aaja Jyothish v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2017

CORAM

THE HON'BLE MR.JUSTICE A.SELVAM and THE HON'BLE MR.JUSTICE P.KALAIYARASAN W.P(MD) No.1987 of 2017 and WMP(MD)No.1643 of 2017 Aaja Jyothish ... Petitioner -vs1. The Commissioner, Kodaikanal Municipality, Lake Road, Kodaikanal.

2. The Town Planning Officer, Kodaikanal Municipality, Lake Road, Kodaikanal.

3. Elangoven

4. Chinnathambi

5. A.Arunmani ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents from putting up any constructions on the land situated at old Survey No.151 and 153 part correlated in Re Survey Ward B , Block No.10, Town Survey No.11 part nearby Plot Nos.117 to 123 earmarked as road thereby encroaching the common public road and directing the respondents to maintain the 30 feet common public road without any constructions.

For Petitioner : Mr.S.M.S.Johnny Basha For RR - 1 & 2 : Mr.T.S.Mohammed Mohideen Additional Government Pleader For R - 3 : Mr.J.Alaguram Jothi For R - 4 : No appearance For R - 5 : Mr.J.Hassanul Bazari https://hcservices.ecourts.gov.in/hcservices/

O R D E R

[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 1 and 2 to remove encroachments mentioned in the petition by way of issuing a Writ of Mandamus.

2.It is seen from the records that the present petitioner and her husband have filed WP(MD)Nos.1247 and 2993 of 2017, wherein this Court has directed the concerned authorities to conduct proper survey in respect of 30 feet road mentioned in both the petitions and if there is any encroachment, remove the same under due process of law within a period of two months. 3.Considering the nature of orders passed in previous Writ Petitions, this Court feels that this Writ Petition is totally unwarranted and therefore, the same is liable to be dismissed. 4.In fine, this Writ Petition is dismissed. No costs. Consequently, WMP(MD)No.1643 of 2017 is closed. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The Commissioner, Kodaikanal Municipality, Lake Road, Kodaikanal.

2. The Town Planning Officer, Kodaikanal Municipality, Lake Road, Kodaikanal.

+ 1 CC TO Mr.S.M.S.JOHNNY BASHA, ADVOCATE IN SR No. 11461 + 1 CC TO Mr.T.S.MOHAMMED MOHIDEEN, ADVOCATE IN SR No. 11265 + 1 CC TO Mr.J.M.HASSANUL BAZARI, ADVOCATE IN SR No. 11378 MJ TE/CM-MSA : 15/03/2017 : 2P/6C W.P(MD) No.1987 of 2017 and WMP(MD)No.1643 of 2017 28.02.2017 https://hcservices.ecourts.gov.in/hcservices/