A.Navaneethakrishnan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE A.Navaneethakrishnan ... Petitioner vs.

1.The Commissioner, Madurai City Municipal Corporation, Arignar Anna Maaligai, Thallakulam, Madurai - 625 002.

2.The Assistant Commissioner, Office of the Assistant Commissioner, Zone No.5 (West), Thirupparankundram, Madurai Corporation, Madurai - 625 005.

3.The Tahsildar, Madurai South Taluk Office, Madurai District.

4.N.Marichaamy 5.G.Saraswathy 6.A.Thirumoorthy ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to remove the encroachments made by the respondents 4 to 6 on 25 feet public road situated at S.No.512/11A1B of Avaniyapuram Village, Madurai South Taluk, Madurai District belongs to the Madurai Corporation by considering the representations of the petitioner dated 08.06.2025 and 24.06.2025 within the time stipulated by this Court.

For Petitioner : Mr.C.Gangai Amaran For RR 1 & 2 : Mr.S.Vinayak Standing Counsel For R - 3 : Mr.J.Ashok Additional Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) Mr.S.Vinayak, learned counsel takes notice for the respondents 1 and 2 and Mr.J.Ashok, learned Additional Government Pleader takes notice for the third respondent. Considering the limited relief sought for by the petitioner, notice to the respondents 4 to 6 is dispensed with. 2/6

2.The writ on hand has been instituted to direct the respondents 1 to 3 herein to remove the encroachments made by the respondents 4 to 6 on a 25 feet public road situated in S.No.512/11A1B of Avaniyapuram Village, Madurai South Taluk, Madurai District, which belongs to the Madurai Corporation by considering the representations of the petitioner dated 08.06.2025 and 24.06.2025.

3.The learned standing counsel appearing for the respondents 1 and 2/Madurai Corporation would submit that a survey has been conducted by the competent authorities in respect of the subject property. Therefore, all further enforcement actions will be taken on identification of unauthorized constructions or encroachments on public land.

4.Since the learned standing counsel made a submission that the survey has already been concluded, all further actions are to be carried out by following the procedures as contemplated under the statutes and rules and by affording due opportunity to all the concerned parties. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt 3/6

of a copy of this order.

5.With the above, directions, this Writ Petition is disposed of. There shall be no order as to costs.

[S.M.S.,J.] & [A.D.M.C.,J.] 08.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The Commissioner, Madurai City Municipal Corporation, Arignar Anna Maaligai, Thallakulam, Madurai - 625 002.

2.The Assistant Commissioner, Office of the Assistant Commissioner, Zone No.5 (West), Thirupparankundram, Madurai Corporation, Madurai - 625 005.

3.The Tahsildar, Madurai South Taluk Office, Madurai District.

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S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

ps ORDER MADE IN DATED : 08.07.2025 6/6