Madras High CourtWP(MD)/8209/2017partly allowed

Ayyanar v. The District Collector

2017-04-27Honourable Mr Justice N. Authinathan,Honourable Mr Justice A. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.8209 of 2017 Ayyanar .. Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Madurai North Taluk, Madurai.

3.P.Rengasamy 4.R.Ashokkumar 5.R.Rajangam .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first and second respondents to remove the encroachment made in a public pathway situated in eastern side of Survey No.432/11 at Mangulam Village, Madurai North Taluk, Madurai District based on the petitioner's representation dated 24.04.2017.

For Petitioner : Mr.D.Ramesh Kumar For RR 1 & 2 : Mr.K.Guru, Additional Government Pleader.

ORDER

[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 1 and 2 to remove encroachments alleged to have been made in Survey No.432/11, Mangulam Village, Madurai North Taluk, Madurai District, by way of issuing a Writ of Mandamus. https://hcservices.ecourts.gov.in/hcservices/

2.Mr.K.Guru, learned Additional Government Pleader, has taken notice for the respondents 1 and 2. Considering the nature of the relief sought in the Writ Petition, notice need not be sent to the remaining respondents.

3.It is seen from the records that on 24.04.2017 a representation has been given by the petitioner and the same has not been considered. Under the said circumstances, the second respondent can be directed as stated infra.

4.In fine, this Writ Petition is allowed in part without costs and the second respondent is directed to look into the representation dated 24.04.2017 and dispose of the same within a period of fifteen days.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Madurai North Taluk, Madurai.

+ 1 CC TO Mr.D.RAMESH KUMAR, ADVOCATE IN SR No. 54451 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 55200 PS TE/KP/SAR-IV : 03/05/2017 : 2P/5C ORDER MADE IN W.P(MD)No.8209 of 2017 27.04.2017 https://hcservices.ecourts.gov.in/hcservices/