S.Marichamy, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.24315 of 2016 S.Marichamy .. Petitioner Vs.

1.The District Collector, 2.The Superintendent of Police, 3.The Commissioiner, Kodaikanal Municipality, Kodaikanal, Dindigul District.

4.The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

.. 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 respondents to remove the illegal encroachments, unauthorized constructions, notorious activities and traffic issues in kodaikanal Town particularly by sides of the road in and around Annasalai, Post office Road, K.C.S. Junction and Pleasant Stay Hotel on considering the petitioner's representation dated 13.11.2015.

For Petitioner : Mr.A.Ananda Raj For Respondents : Mr.D.Muruganandam, 1,2 and 4 Additional Government Pleader.

For Respondent No.3 : Mr.T.S.Mohammed Mohideen, Standing Counsel.

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 to remove

illegal encroachments, unauthorised constructions, notorious activities and traffic issues in Kodaikanal Town on the basis of representation given by the petitioner on 13.11.2015, by way of issuing a writ of mandamus.

2.It is averred in the petition that in and around Kodaikanal so many encroachments have been made in roads and so many unauthorised constructions are also in existence. Under the said circumstances the petitioner has given a representation dated 13.11.2015. But the respondents have not taken any action and therefore the present writ petition has been filed for getting the relief sought therein.

3.Mr.D.Muruganandam, learned Additional Government Pleader, has taken notice for the respondents 1, 2 and 4 and Mr.T.S.Mohammed Mohideen, learned Standing Counsel, has taken notice for the third respondent.

4.The learned counsel appearing for the petitioner has advanced his argument on the basis of averments made in the petition.

5.The learned standing counsel appearing for the third respondent has also contended that so many encroachments are in existence in roads, Kodaikanal.

6.Considering the representation dated 13.11.2015 and also considering the fact that so many encroachments are in existence, this Court is of the view to allow the present writ petition. 7.In fine, this writ petition is allowed without costs and the third respondent is strictly directed to remove all encroachments under due process of law within a period of two months and the fourth respondent is also strictly directed to regularise traffic.

Sd/- Deputy Registrar /True Copy/ Assistant Registrar To 1.The District Collector,

2.The Superintendent of Police, 3.The Commissioiner, Kodaikanal Municipality, Kodaikanal, Dindigul District.

4.The Inspector of Police, Kodaikanal Police Station, Kodaikanal, Dindigul District.

+One cc to The Special Government Pleader, SR.No.82285 +One cc to Mr.T.S.Mohamed Mohideen, Advocate, SR.No.81795 smn RL/7C/3P/SS2/2.1.2017 ORDER MADE IN W.P(MD)No.24315 of 2016 20.12.2016