Deivanai P v. Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2023

CORAM

THE HON'BLE MR JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR JUSTICE V.LAKSHMINARAYANAN P.Deivanai .. Petitioner Vs.

1.The Commissioner, Corporation of Trichy.

2.The Deputy Commissioner, Ward Committee Office - III, Corporation of Trichy.

3.The Tasildhar, Thiruverumbur Taluk, Tiruchirappalli - 13.

4.The Revenue Inspector, Thiruverumbur Taluk, Tiruchirappalli - 13.

5.The Village Administrative Officer, Agaram Village, Thiruverumbur Taluk, Tiruchirappalli - 13.

6.K.Ramados .. Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 1 to 3 to remove the encroachment of compound wall put up by the 6th respondent in the 20 feet public road in Survey No.49/1B as per UDR New Survey No.49/1B3, as per existing Patta No.191 and Survey No.49/1B3A, Erumbeeswarar Malaikovil, Agaram Village, Thiruverumbur Taluk, Tiruchirappalli District in accordance with law.

For Petitioner : No appearance For R-1 & R-2 : Mr.R.Baskaran Senior Counsel for M/s.R.B.Law Associates For R-3 to R-5 : Mr.N.Satheesh Kumar Additional Government Pleader For R-6 : Mr.Anto Prince

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM,J.) The Writ Petition was listed for hearing on 06.10.2023 and there was no representation on behalf of the petitioner. In order to provide an opportunity, the Writ Petition was directed to be listed under the caption "for dismissal" today.

2. When the matter was called today, the learned Additional Advocate General appearing on behalf of the State made a submission that the survey was conducted and encroachments were identified. He further submitted that actions are already in progress and encroachments will be removed by following the procedures and by affording opportunity to the encroachers.

3. Since the petitioner is absent on two occasions, the Writ Petition stands dismissed for non-prosecution and the official respondents are directed to proceed with the actions in the manner known to law. There shall be no order as to costs.

(S.M.S.,J.) (V.L.N.,J.) 10.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

To 1.The Commissioner, Corporation of Trichy.

2.The Deputy Commissioner, Ward Committee Office - III, Corporation of Trichy.

3.The Tasildhar, Thiruverumbur Taluk, Tiruchirappalli - 13.

4.The Revenue Inspector, Thiruverumbur Taluk, Tiruchirappalli - 13.

5.The Village Administrative Officer, Agaram Village, Thiruverumbur Taluk, Tiruchirappalli - 13.

S.M.SUBRAMANIAM,J.

and V.LAKSHMINARAYANAN,J.

Lm 10.10.2023