Madras High CourtWP(MD)/13930/2016dismissed

P.Murugesan, S/O.Palanichamy, v. The District Collector,

2016-09-23Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.13930 of 2016 P.Murugesan .. Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Tahsildar, Theni Taluk, Theni District 3.The Executive Engineer, Public Works Department, Theni.

4.Pitchai President, Aranmanaipudur Panchayat, Theni District 5.Seerangaraj 6.R.Kannan .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 to 3 to remove the gravel road laid on the Karunkatralai Odai situated at Veerachinnammalpuram Village, Aranmanaipudur Panchayat, Theni District.

For Petitioner : Mr.V.P.Rajan For Respondents : Mr.M.Govindan for R1 to R3 Government Advocate

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner has come up with this public interest litigation seeking a direction to the respondents 1 to 3 to remove the encroachment on the Karunkatralai Odai situated at Veerachinnampuram, Theni District.

2.The 2nd respondent has filed a report before this Court stating that there are 18 encroachers on the said land. But all https://hcservices.ecourts.gov.in/hcservices/

these 18 encroachers have not been made as a party before this Court. Therefore, without affording opportunity to them, we cannot issue any direction as prayed for by the petitioner. It is for the petitioner to work out his remedy before the District Collector or the authority concerned for removal of encroachments.

3. With the above direction, this writ petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar RR To 1.The District Collector, Theni District, Theni.

2.The Tahsildar, Theni Taluk, Theni District 3.The Executive Engineer, Public Works Department, Theni.

+1cc to Mr.B.JEYAKUMAR,Advocate Sr.No. 55478 +1cc to Mr.V.GOPALSAMY,Advocate Sr.No. 55510 +1cc to Spl.Government Pleader Sr.No. 56393 JAM/07.10.16/SS3/2P-7C ORDER MADE IN W.P(MD)No.13930 of 2016 and WMP No.10359 of 2016 23.09.2016 https://hcservices.ecourts.gov.in/hcservices/