D.Sathishkumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.647 of 2016 and W.M.P(MD).No.534 of 2016 D.Sathishkumar .. Petitioner Vs.

1.The District Collector, District Collector Office, Trichy, Trichy District.

2.The Commissioner, Trichirappalli City Corporation, Promenade Road, Cantonment, Trichy - 1, Trichy District.

3.The Assistant Commissioner, Srirangam Zone, Trichirappalli City Corporation, Srirangam Ward Office, Trichy, Trichy District.

4.The Inspector of Police, Law and Order, Fort Police Station, Town Hall, Trichy - 2, 5.A Bakrudeen .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 and 3 herein to take appropriate steps as against the illegal construction as well as encroachment committed by the fifth respondent in the property situated at Trichy District, Trichy Town, Door Nos.3 & 4 at Ward No.G, Block No.7, T.S.No.40, in the

light of proceedings made in Na.Ka.No.F.1/232/2014/6421, dated 12.10.2015 on the file of the third respondent, within a stipulated period.

For petitioner : Mr.R.Sundar For Mr.M.Vijayakumar For respondent 1, 3 & 4 : Mr.M.Govindan Special Government Pleader For respondent 5 : Mrs.Krishnaveni, Senior Counsel For Mr.P.Thiagarajan For respondent 2 : Mr.N.S.Karthikeyan Standing Counsel.

O R D E R

[Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ petition to direct the respondents 1 to 3 to take action against the fifth respondent, on account of the illegal construction made by him in Door Nos.3 & 4, at Ward No.G, Block No.7, T.S.No.40 situated at Trichy Town,

2. The learned Senior Counsel appearing for the petitioner produced a copy of the order dated 18.07.2016, whereby and whereunder, the Government has entertained the appeal filed by the fifth respondent and granted interim stay of all further proceedings. It is therefore evident that the respondents have taken action in the matter and the same is pending before the Government.

3. We, are therefore, of the view that further orders are not necessary in the subject writ petition. It is always open to the petitioner to take appropriate action by approaching the respondents 3 and 4, depending upon the orders to be passed by the Government.

4.The writ petition is disposed of with the above observation. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar

To:

1.The District Collector, District Collector Office, Trichy, Trichy District.

2.The Commissioner, Trichirappalli City Corporation, Promenade Road, Cantonment, Trichy - 1, Trichy District.

3.The Assistant Commissioner, Srirangam Zone, Trichirappalli City Corporation, Srirangam Ward Office, Trichy, Trichy District.

4.The Inspector of Police, Law and Order, Fort Police Station, Town Hall, Trichy - 2, +One cc to Mr.P.Thiagarajan, Advocate, SR.No.76575 +One cc to Mr.N.S.Karthikeyan, Advocate, SR.No.76274 vs/km RL/7C/3P/SV/MMS/SAR2/26/9/2017 W.P.(MD).No.647 of 2016 04.09.2017