Madras High CourtWP(MD)/18976/2019disposed of

M.Thillai Natarajan v. The Tahsildar

2019-11-26Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani2 pages

W.P.(MD)No.18976 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD)No.18976 of 2019 M.Thillai Natarajan ... Petitioner Vs 1.The Tahsildar, Thirumangalam Taluk, Thirumangalam, Madurai District.

2.The Commissioner, Thirumangalam Municipality, Thirumangalam, Madurai District.

3.Jeeva 4.Baskar 5.Joseph 6.K.Prithiviraj ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the second respondent to remove the obstructions made by the 3 to 6 respondents on the Mohamedsha puram Road, Thirumangalam town in term of section 182 of the Tamilnadu District Municipalities Act, 1920 within a time frame as fixed by this Court by considering the representation of petitioner dated 15.07.2019.

For Petitioner : Mr.D.Sasikumar For R1 : Mr.S.Angappan, Government Advocate For R2 : Mr.A.Kannan For R3 : No appearance For R4 and R5 : Mr.A.Ananda Raj For R6 : Mr.T.Vadivelan https://hcservices.ecourts.gov.in/hcservices/ 1 / 2

W.P.(MD)No.18976 of 2019

ORDER

(Order of the Court was made by T.S.SIVAGNANAM, J.) This writ petition has been filed to direct the second respondent to remove the obstructions made by the respondents 3 to 6.

2.From the counter affidavit filed by the second respondent, it is seen that already a show cause notice has been issued dated 18.10.2019, for which the encroachers/ respondents 3 to 6 have given reply on 01.11.2019 and 02.11.2019.

3.We direct the second respondent municipality to consider the explanation and take appropriate action and if the encroachment has been found, then the same shall be removed. The respondents 3 to 6 may be given reasonable time to remove the encroachment by themselves. If they do not do so, the municipality shall remove the same departmentally. This direction shall be complied with within a period of six weeks from the date of receipt of a copy of this order.

4.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) pnn To The Tahsildar, Thirumangalam Taluk, Thirumangalam, Madurai District.

+1 CC to Mr.D. SASIKUMAR, Advocate ( SR-101817[F] dated 27/11/2019 ) +1 CC to Mr.A.KANNAN, Advocate ( SR-101818[F] dated 27/11/2019 ) +1 CC to Mr.T. VADIVELAN, Advocate ( SR-101787[F] dated 27/11/2019 ) +1 CC to SPL GP ( SR-102418[F] dated 28/11/2019 ) W.P.(MD)No.18976 of 2019 26.11.2019 VB(12.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2