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Madras High CourtWP(MD)/21953/2016disposed of

P.Gopalan, v. The District Collector

2016-11-17Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.21953 of 2016 P.GOPALAN S/O. PONNUMUTHU THE CORRESPONDENT P.S.K.S.

MATRICULATION SCHOOL MOOVATTRUMUGAM & POST KANYAKUMARI DISTRICT .. Petitioner Vs.

1 THE DISTRICT COLLECTOR KANYAKUMARI DISTRICT, NAGERCOIL.

2 THE DIVISIONAL ENGINEER HIGHWAYS DEPARTMENT-CONSTRUCTION & MAINTENANCE NAGERCOIL KANYAKUMARI DISTRICT 3 THE ASSISTANT DIVISIONAL ENGINEER HIGHWAYS DEPARTMENT-CONSTRUCTION &MAINTENANCE PADMANABHAPURAM THUCKALAY KANYAKUMARI DISTRICT.

4 THE REVENUE DIVISIONAL OFFICER PADMANABHAPURAM THUCKALAY KANYAKUMARI DISTRICT.

5 THE TAHSILDAR KALKULAM TALUK, THUCKALAY KANYAKUMARI DISTRICT.

.. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 5 to evict the illegal encroachments on the Highways of Moovatrumugam - Charur Road comprised in S.No. 6/4A Attur Village Moovatrumugam Kalkulam Taluk Kanyakumari District (in front of P.S.K.S Matriculation School).

For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.T.R.JanarthanaN Addl. Government Pleader

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner has come up with this petition as a public interest litigation seeking a direction to the respondents 1 to 5 to remove the illegal encroachment on the Highways of Moovatrumugam - Charur Road comprised in S.No. 6/4A Attur Village, Moovatrumugam, Kalkulam Taluk, Kanyakumari District (in front of P.S.K.S Matriculation School).

2. It is submitted by the learned Additional Government pleader, taking notice for the respondents 1 to 5, that the respondents 2 and 3 have already initiated action to remove the encroachments. He further submitted that fresh notice for eviction would be given and following the procedure, the encroachments would be removed. The said statement is recorded.

3. In view of the same, this writ petition is closed recording the above statement. No costs.

Sd/- Assistant Registrar(co) /True Copy/ Sub Assistant Registrar RR To 1 THE DISTRICT COLLECTOR KANYAKUMARI DISTRICT, NAGERCOIL.

2 THE DIVISIONAL ENGINEER HIGHWAYS DEPARTMENT-CONSTRUCTION & MAINTENANCE NAGERCOIL KANYAKUMARI DISTRICT 3 THE ASSISTANT DIVISIONAL ENGINEER HIGHWAYS DEPARTMENT-CONSTRUCTION &MAINTENANCE PADMANABHAPURAM THUCKALAY KANYAKUMARI DISTRICT.

4 THE REVENUE DIVISIONAL OFFICER PADMANABHAPURAM THUCKALAY KANYAKUMARI DISTRICT.

5 THE TAHSILDAR KALKULAM TALUK THUCKALAY KANYAKUMARI DISTRICT.

+1cc to Mr.C.K.M.Appaji Advocate Sr.No.70137 +1cc to Spl.Government Pleader Sr.No. 70250 JAM/02.12.16/SKS-RR/3P-8C ORDER MADE IN W.P(MD)No.21953 of 2016 17.11.2016