P.Ganesan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.21930 of 2016 P.Ganesan : Petitioner Vs.
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Tahsildar, Rajapalayam Taluk, Virudhunagar District.
3. The Executive Engineer, Public Works Department (WRO), Virudhunagar District, Virudhunagar.
4. Mr.Ramasubramania Raja : 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 3 to remove the encroachment made by the fourth respondent in and around Rajapalayam Municipality as well as Rajapalayam Taluk, Virudhunagar District and restore the same based on the representation made by the petitioner dated 06.01.2016 within the time limit that may be stipulated by this Court. For Petitioner : Mr.A.S.Vaigunth For Respondents 1to3: Mr.M.Govindan, Special Government Pleader
O R D E R
[Order of the Court was made by S.NAGAMUTHU, J.] This Writ Petition has been filed alleging that some persons have made encroachment on the Government land. https://hcservices.ecourts.gov.in/hcservices/
2. When this matter came up for hearing before us on 16.11.2016, we directed the petitioner to implead all such encroachers, because the Writ Petition cannot be disposed of, without affording opportunity to the encroachers. Accordingly, time was granted. When the matter again came up for bearing, we find that no steps have been taken by the petitioner to implead the encroachers. The matter was, however, adjourned. Today also, it is informed that the petitioner has not taken any steps to implead the encroachers.
3. In such view of the matter, we are unable to even admit the Writ Petition for the default of the petitioner. Further, the petitioner has also not given the particulars of the land with reference to the survey number, so that, this Court could examine whether there is any encroachment. The prayer made in the Writ Petition also is so vague. The Writ Petition is, therefore, dismissed, however, by giving liberty to the petitioner to file appropriate Writ Petition with all details. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Tahsildar, Rajapalayam Taluk, Virudhunagar District.
3. The Executive Engineer, Public Works Department (WRO), Virudhunagar District, Virudhunagar.
+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 71632 SML TE/SKS-RR : 07/12/2016 : 2P/5C Order made in W.P.[MD].No.21930 of 2016 Dated: 22.11.2016 https://hcservices.ecourts.gov.in/hcservices/