Tiurmangalam Pioneer Nagar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.4648 of 2016 Tirumangalam Pioneer Nagar Residents Welfare Association, Rep by its Secretary, M.Vijayakumar.

.. Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Regional Director of Municipal Administration, O/o. The Regional Director of Municipal Administration, Madurai, Madurai District.

3.The Commissioner, Tirumangalam Municipality, Madurai Road, Tirumangalam, Madurai District.

4.Tahsildhar, Tirumangalam Taluk, Madurai Road, Tirumangalam, Madurai District.

5.M.Raja 6.N.Akilan .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the illegal encroachment made by respondent no.5 and 6 in Survey No.26/2B2 in the pioneer nagar, Tirumangalam Taluk, Madurai District and consequently maintain the space earmarked as a park,within the time stipulated by this court. For petitioner : Mr.T.Lajapathi Roy For R1 to R4 : Mr.T.S.Mohammed Mohideen Additional Government Pleader.

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O R D E R

[Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner seeks removal of the encroachment said to have been committed by the fifth and sixth respondents on the public street in Survey No.26/2B2 in the pioneer nagar, Tirumangalam Taluk, Madurai District.

2.We therefore direct the fourth respondent to conduct a fresh survey in the matter. If encroachment is noticed, the same shall be removed by the fourth respondent herein, after issuing notice to the concerned parties and after following the statutory procedure. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. 3.This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To:

1.The District Collector, Madurai District, Madurai.

2.The Regional Director of Municipal Administration, O/o. The Regional Director of Municipal Administration, Madurai, Madurai District.

3.The Commissioner, Tirumangalam Municipality, Madurai Road, Tirumangalam, Madurai District.

4.Tahsildhar, Tirumangalam Taluk, Madurai Road, Tirumangalam, Madurai District.

+1cc to Mr.T.LAJAPATHIROY,Advocate,SR.75526 +1cc to M/S.Special Government Pleader,SR.76020 W.P.(MD)No.4648 of 2016 30.08.2017 PSD/RMI KK/KP/SAR 3/27.09.2017/ 2P- 7C/ https://hcservices.ecourts.gov.in/hcservices/