P.Esakkiyappan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.13298 of 2016 and W.M.P(MD)Nos.9985, 11602 of 2016 P.Esakkiyappan .. Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Divisional Engineer, Highways Department (Construction and Maintenance) Tirunelveli, Tirunelveli District.

3.The Assistant Divisional Engineer, Highways Department (Construction and Maintenance) Radhapuram, Tirunelveli District.

4.The Tahsildar, Radhapuram Taluk, Radhapuram, Tirunelveli District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to remove the encroachments made on both sides of the Car Streets, Radhapuram, Tirunelveli District and ensure the obstacle free car streets, Radhapuram.

For petitioner : Mr.S.Balamurugan For Respondents : Mr.M.Govindan Special Government Pleader.

O R D E R

[Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner seeks removal of the encroachments found in the Car street of Radhapuram.

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2.The third respondent has already informed the writ petitioner vide communication bearing no.22/2015/A1 dated 06.02.2015 stating that the encroachments would be removed with the help of the Revenue Department. But there is no follow up action. Hence the present writ petition has been filed. 3.This Court directs the fourth respondent to take follow up action and cause removal of the encroachment in question, after issuing notice to the encroachers and after following statutory procedure. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 4.This Writ Petition is disposed of with the above direction. No costs. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Tirunelveli District, Tirunelveli. 2.The Divisional Engineer, Highways Department (Construction and Maintenance)Tirunelveli, Tirunelveli District.

3.The Assistant Divisional Engineer, Highways Department (Construction and Maintenance) Radhapuram,Tirunelveli District.

4.The Tahsildar, Radhapuram Taluk,Radhapuram, Tirunelveli District. +1cc to M/S.S.BALAMURUGAN, Advocate SR.No.75478 psd/rmi MAS/SV-MMS/SAR3:19.09.2017:2P-6C ORDER MADE IN W.P.(MD)No.13298 of 2016 and W.M.P(MD)Nos.9985, 11602 of 2016 30.08.2017 https://hcservices.ecourts.gov.in/hcservices/