M.Vaithiyalingam v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7953 of 2017 M.Vaithiyalingam .. Petitioner Vs.

1. The Tahsildar, Kadayanallur Taluk, Kadayanallur, Tirunelveli District.

2. The Commissioner, Puliyankudi Municipality, Puliyankudi, Kadayanallur Taluk, Tirunelveli District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to remove the encroachment and the second respondent's dilapidated water supply buildings in the West Car Street, Ward No.4, Puliyankudi Municipality by considering the petitioner's representation dated 16.04.2017 within the stipulated period. For petitioner : Mr.M.Mohamed Sherbudeen For respondents : Mr.T.S.Mohammed Mohideen Additinal Government Pleader

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition for issuance of a Writ of Mandamus directing the respondents to remove the encroachment stated to have been caused in respect of a public property.

2. The alleged encroachers are not made as parties in this Writ Petition. We, therefore, do not find any reason to entertain this Writ Petition.

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3. The Writ Petition is dismissed, with liberty to the

petitioner to file a fresh Writ Petition, after impleading all the encroachers as parties. No costs.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To

1. The Tahsildar, Kadayanallur Taluk, Kadayanallur, Tirunelveli District.

2. The Commissioner, Puliyankudi Municipality, Puliyankudi, Kadayanallur Taluk, Tirunelveli District.

+1 CC to M/s.N.MOHAMED SHARBUDEEN, Advocate, SR No. 66348/17. +1 CC to M/s.T.S.MOHAMED MOHIDEEN, Advocate, SR No. 66424. SSL/SM PSM/KK/SAR4/27.07.2017/2P/5C W.P.(MD)No.7953 of 2017 19.07.2017 https://hcservices.ecourts.gov.in/hcservices/