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Madras High CourtWP(MD)/2576/2017allowed

N.Mathavan Pillai v. The District Collector

2017-02-28Honourable Mr Justice P. Kalaiyarasan,Honourable Mr Justice A. Selvam2 pages

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.2576 of 2017 N.Mathavan Pillai ... Petitioner -vs1.The District Collector, Kanyakumari District, Nagercoil.

2.The Superintendent of Police, Kanyakumari District, Nagercoil.

3.The Executive Officer, Thirupparappu Selection Grade Municipality, Thirupparappu, Kalkulam Taluk, Kanyakumari District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents to implement the 3rd respondent's proceeding in Na.Ka No.388/2016 dated 24.11.2016 in order to maintain peace social discipline and Law and Order at Kalkulam Taluk in Kanyakumari District within the period stipulated by this Court. For Petitioner : Mr.Ananth C.Rajesh For Respondents : Mr.D.Muruganandam Additional Government Pleader

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 to implement the proceeding dated 24.11.2016 by way of issuing a Writ of Mandamus.

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2.It is seen from the records that on 24.11.2016, a proceeding has been passed, wherein necessary direction has been given to remove unauthorised construction. Under the said circumstances, the present Writ Petition has been filed for getting the relief sought therein.

3.The learned counsel appearing for the petitioner has contended to the effect that even though such proceeding has been passed on 24.11.2016, no further action has been done. 4.Considering the fact that already a specific proceeding has been passed on 24.11.2016 and no further action has been done, this Court is inclined to pass the following order: 5.In fine, this Writ Petition is allowed without cost. The third respondent is directed to take proper further action in pursuance of the proceeding dated 24.11.2016 within a period of one month.

Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Superintendent of Police, Kanyakumari District, Nagercoil.

3.The Executive Officer, Thirupparappu Selection Grade Municipality, Thirupparappu, Kalkulam Taluk, Kanyakumari District.

+1cc to Mr.Ananth C.Rajesh,Advocate,SR.11231 +1cc to Special Government pleader,SR.11564 W.P(MD) No.2576 of 2017 28.02.2017 KK-GJ-SAR3-07.03.2017-2p-6c https://hcservices.ecourts.gov.in/hcservices/