Mohamed Salif v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN AND THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.9744 of 2017 and W.M.P.(MD)No.7478 of 2017 Mohamed Salif ... Petitioner Vs.

1.The District Collector, Madurai, Madurai District.

2.The Commissioner, Melur Municipality, Melur, Madurai District.

3.Mymoona Beevi 4.Suriya Beghaam 5.Sahjakhan 6.Abdul Nisthar 7.V.Nallakanimaniam ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 2 to take appropriate action to remove encroachment and unauthorized construction made in the poromboke land in Survey No.240/4, 240/6 Melur Village, Madurai District by considering the representation of the petitioner dated 12.05.2017 within a time frame that may be fixed by this Court. For Petitioner : Mr.S.C.Herold Singh For R1 and R2 : Mr.Rajakarthikeyan Additional Government Pleader

O R D E R

The petitioner seeks for a Writ of Mandamus, directing the respondents 1 to 2 to take appropriate action to remove encroachment and unauthorized construction made in the poromboke land in Survey No.240/4, 240/6 Melur Village, Madurai District by considering the representation of the petitioner dated 12.05.2017 within a time frame that may be fixed by this Court. https://hcservices.ecourts.gov.in/hcservices/

2.The learned Additional Government Pleader takes notice for the respondents 1 and 2. By consent, the writ petition itself is taken up for final disposal.

3.The learned counsel for the petitioner submitted that it would suffice if the representation of the petitioner is disposed of, on merits and in accordance with law, within a time frame to be fixed by this Court.

4.In view of the limited scope of the prayer, without going into the merits of the matter, the first respondent is directed to consider the representation dated 12.05.2017 after giving opportunity of personal hearing to the petitioner as well as the other necessary parties on merits and in accordance with law, and pass appropriate orders within a period of one week from the date of receipt of a copy of this order. Till such time, status quo is to to maintained.

5.With the above direction, the Writ Petition stands disposed of. No costs. Consequently, connected W.M.P.(MD) NO.7478 of 2017 is closed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar.

To 1.The District Collector, Madurai, Madurai District.

2.The Commissioner, Melur Municipality, Melur, Madurai District.

+1CC to M/S.S.C.Herold Singh, Advocate, SR.No. 57071 W.P.(MD)No.9744 of 2017 and W.M.P.(MD)No.7478 of 2017 24.05.2017 CM/MR/KM AM/RSK/SAR 1/31.05.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/