Muthukumar.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M.Muthukumar ... Petitioner vs.

1.The District Collector, Viruthunagar District.

2.The Superintendent Engineer, Highways Department, (Construction and Maintenance), Palayankottai, Tirunelveli District.

3.The Divisional Engineer, Highways Department, (Construction and Maintenance), Collectorate Office, 4.The Assistant Divisional Engineer, Highways Department, (Construction and Maintenance), Madurai Road, Virudhunagar, 1/5

5.The Tahsildar, Virudhunagar Taluk, 6.Karuppasamy @ Kamaraj 7.Karuppasamy ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to consider the representation of the petitioner, dated 03.03.2020 to remove the encroachment in both side of the Highway road from Ellinganayakanpatti Cross Road to Sengundrapuram Alagachi Oorani of Sengundrapuram Village, Virudhunagar District within a time frame. For petitioner : Mr.C.K.M.Appaji For RR 1 to 5 : Mr.V.Nirmal Kumar Government Advocate For R - 6 : Mr.G.Chandrasekar For R - 7 : Mr.P.Athimoola Pandian

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer in this Writ Petition is for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to consider the representation of the petitioner, dated 03.03.2020 to remove the encroachment in both sides of the Highway road from Ellinganayakanpatti Cross Road to 2/5

Sengundrapuram Alagachi Oorani of Sengundrapuram Village, Virudhunagar District, within a time frame.

2. Today, when the matter was taken up for hearing, the learned Government Advocate appearing for the respondents 1 to 5 has produced the communication of the fourth respondent, dated 26.10.2022 addressed to him and submitted that the encroachment in question have been removed partially and seeks three months time to remove the remaining encroachment.

3. Recording the aforesaid submission and the communication, dated 26.10.2022, the Writ Petition stands disposed of directing the authorities concerned to remove the remaining encroachment, after affording sufficient opportunity of personal hearing to all the parties concerned and by following due process of law, within a period of three months from the date of receipt of a copy of this order. No costs. [R.M.D.,J.] [J.S.N.P.,J.] Index : Yes / No 27.10.2022 Internet : Yes ps 3/5

To 1.The District Collector, Viruthunagar District.

2.The Superintendent Engineer, Highways Department, (Construction and Maintenance), Palayankottai, Tirunelveli District.

3.The Divisional Engineer, Highways Department, (Construction and Maintenance), Collectorate Office, 4.The Assistant Divisional Engineer, Highways Department, (Construction and Maintenance), Madurai Road, Virudhunagar, 5.The Tahsildar, Virudhunagar Taluk, 4/5

R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN DATED : 27.10.2022 5/5