Vasanthi.C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY C.Vasanthi ... Petitioner -vs1.The District Collector Collectorate Madurai - District 2.The Tahsildar Tahsildar Office Usilampatti - Taluk Madurai - District 3.The National Highways Authority Lake Area Main Road TTC Nagar, Uthankudi Madurai - District ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents herein more particularly respondents 1 to 3 herein to consider petitioner's representation dated 02.05.2023 and take immediate action to remove the encroachments in the Madurai to Usilampatti National Highways in Chellampatti Village Panchayat. For Petitioner :

Mr.V.Balasubramanian For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 & R2

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] The petitioner has filed this writ petition for removal of encroachments in a National Highways.

2. Mr.P.Thilakkumar, learned Government Pleader, who takes notice for the respondents 1 & 2, on instructions, states that the road, from which removal of encroachment is sought for by the petitioner, is a State Highways.

3. This Court finds that the petitioner has not even impleaded the alleged encroachers as party respondents to the proceedings. Therefore, this writ petition is dismissed for non-joinder of necessary and proper parties. However, liberty is given to the petitioner to file a writ petition afresh, after impleading necessary and proper parties. No costs. [S.S.S.R., J.] [D.B.C., J.] 21.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Collectorate, Madurai - District.

2.The Tahsildar, Tahsildar Office, Usilampatti - Taluk, Madurai - District.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

krk 21.07.2023