K.Vijay Babu, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE P.KALAIYARASAN W.P(MD)No.24520 of 2016 K.Vijay Babu .. Petitioner Vs.

1.The District Collector, Collectorate, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Taluk Office, Paramakudi, Ramanathapuram District.

3.The Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District.

4.T.Umapathi .. 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 1 to 3 to remove the obstruction made by the fourth respondent in Ward-G, Block-34, T.S.No.63, Paramakudi Municipality, Ramanathapuram District within a stipulated time that may be fixed by this Court. For Petitioner : Mr.M.Saravanakumar For Respondents 1 and 2 : Mr.M.Govindan, Special Government Pleader.

For Respondent No.3 : Mr.P.Srinivas

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 1 to 3 to remove obstruction alleged to have been made by the fourth respondent in Ward-G, Block No.34, T.S.No.63, Paramakudi Municipality, Ramanathapuram District, by way of issuing a writ of mandamus.

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2.It is averred in the petition that T.S.No.63, Paramakudi has been classified as street, wherein the fourth respondent has made certain encroachments. Under the said circumstances, the present writ petition has been filed for getting the relief sought therein.

3.Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 1 and 2. Mr.P.Srinivas, learned counsel, has taken notice for the third respondent. Considering the nature of the relief sought in the writ petition, notice need not be sent to the fourth respondent.

4.The learned Special Government Pleader appearing for the respondents 1 and 2 has fairly admitted to the effect that T.S.No.63 has been classified as a street.

5.Since T.S.No.63 has been classified as a street and since already notices have been issued, this Court is of the view to pass the following order.

6.In fine, this writ petition is allowed without costs and the respondents 1 to 3 are strictly directed to remove encroachments which are in existence in T.S.No.63 within a period of one month.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar smn To 1.The District Collector, Collectorate, Ramanathapuram District, Ramanathapuram.

2.The Tahsildar, Taluk Office, Paramakudi, Ramanathapuram District.

3.The Commissioner, Paramakudi Municipality, Paramakudi, Ramanathapuram District.

+1CC to Mr.P.Srinivas, Advocate Sr.No.82425 +1CC to Mr.Saravana kumar, Advocate Sr.No.82139 +1CC to Spl.Government Pleader Sr.No.83193 GJM/GSV/PM/5.1.17-2p-7C ORDER MADE IN W.P(MD)No.24520 of 2016 21.12.2016 https://hcservices.ecourts.gov.in/hcservices/