A.Shanmugam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD A.Shanmugam ... Petitioner vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Commissioner, Tirunelveli Corporation, Tirunelveli.

3.Nainar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to remove the encroachment made by the third respondent in Town Survey No.54, Block No.9, Gandhimathi Nagar, Ward No.48, I.C.Pettai, Tirunelveli Corporation, Tirunelveli Taluk, Tirunelveli District based on the petitioner's representations, dated 12.04.2019 and 03.06.2019. 1/5

For Petitioner : Mr.T.Selvan For R - 1 : Mr.G.V.Vairam Santhosh Additional Government Pleader

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer made in this Writ Petition is to issue a Writ of Mandamus, directing the respondents 1 and 2 to remove the encroachment made by the third respondent in Town Survey No.54, Block No.9, Gandhimathi Nagar, Ward No.48, I.C.Pettai, Tirunelveli Corporation, Tirunelveli Taluk, Tirunelveli District, based on the petitioner's representations, dated 12.04.2019 and 03.06.2019.

2. The learned counsel appearing for the petitioner submitted that though the petitioner made representations, dated 12.04.2019 and 03.06.2019 to the authorities concerned seeking to remove the encroachment made by the third respondent, till date no steps have been taken by the official respondents to remove the same. Hence, this Writ Petition.

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3. The learned Additional Government Pleader appearing for the first respondent, on instructions, submitted that the representations of the petitioner, dated 12.04.2019 and 03.06.2019 would be considered and appropriate action will be taken, for which, the learned counsel appearing for the petitioner is agreeable.

4. Recording the abovesaid submission, this Writ Petition is disposed of directing the official respondents to consider the representations of the petitioner, dated 12.04.2019 and 03.06.2019 on merits and in accordance with law. If there is any encroachment, the authorities concerned shall remove the same, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs.

[R.M.D.,J.] [J.S.N.P.,J.] Index : Yes / No 13.10.2022 Internet : Yes ps 3/5

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Commissioner, Tirunelveli Corporation, Tirunelveli.

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R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN DATED : 13.10.2022 5/5