Madras High CourtWP(MD)/1374/2016disposed of

Shanmugam v. The District Collector,

2016-01-22Honourable The Chief Justice,Honourable Mr Justice V. Ramasubramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2016 CORAM :

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Writ Petition (MD) No.1374 of 2016 and W.M.P(MD)No.1156 of 2016 Shanmugam ... Petitioner Vs.

1. The District Collector, Thanjavur District.

2. The Tahsildar, Kumbakonam Town, Thanjavur District.

3. The Municipality Commissioner, Kumbakonam Municipality, Municipality Office, Thanjavur District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents from demolishing the Hotel of the Petitioner situated in Survey No.302 303 304 305 306 307 situated in Kumbakonam Town Thanjavur District without surveying the said property and without following the provisions of Tamil Nadu without surveying the said property and without following the provisions of Tamil Nadu Land Encroachment Act 1905 and without adopting the due process of law.

For Petitioner : Mr.R.Maheswaran For Respondents R1&R2 : Mr.C.Selvaraj, Special Government Pleader.

For 3rd Respondent : Mr.M.Rajarajan

ORDER

(Order of the Court was made by The Hon'ble The Chief Justice) A grievance is made by the petitioner about threatened demolition action at the back of the building to the extent of three feet. 2.The petitioner has not filed any sanctioned plan to show whether this three feet is within the sanction or outside the sanction. https://hcservices.ecourts.gov.in/hcservices/ 3.Learned counsel makes a grievance that the construction at the site even of other persons is in a straight line. Thus, if his property

is an encroachment, the others must have also been encroachments. 4.Insofar as that plea is concerned, we direct the respondent authorities to treat everyone equally and wherever there is any unauthorised construction be removed, equally. 5.The writ petition stands disposed of accordingly. No costs. Consequently, W.M.P.No.1156 of 2016 is closed. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Thanjavur District.

2. The Tahsildar, Kumbakonam Town, Thanjavur District.

3. The Municipality Commissioner, Kumbakonam Municipality, Municipality Office, Thanjavur District.

+ 1 CC TO MR.MAHESHWARAN, ADVOCATE IN SR NO. 4316 + 1 CC TO MR.M.RAJARAJAN, ADVOCATE IN SR NO.4167 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 4274 SMS/GB TE/PM-MP/ : 09/02/2016 : 2P/7C Writ Petition (MD) No.1374 of 2016 and W.M.P(MD)No.1156 of 2016 22.01.2016 https://hcservices.ecourts.gov.in/hcservices/