Madras High CourtWP(MD)/9223/2016disposed of

R.Rajesh, v. The Commissioner,

2017-09-07Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.9223 of 2016 and W.M.P(MD)No.7344 of 2016 R.Rajesh ... Petitioner Vs.

1.The Commissioner, Trichy Corporation Trichy-1.

2.The Assistant Commissioner, Ponmalai Zone, Trichy Corporation, Trichy-1.

3.The Junior Engineer, Ward No.44, Trichy Corporation, Trichy-1.

4.Ramachandran ... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to remove the encroachment put up by the 4th Respondent in public pathway situates at No.49/1, Bharathiyar Road, Junction, Opp. to Daily Thanthi Office, Trichy-1 and consequently direct the 1 to 3 respondents to take appropriate action against the 4th respondent within the time frame as fixed by this Court. For Petitioner : Mr.S.Karthick Subramanian For R1 and R2 : Mr.T.S.Mohamad Mohideen, Additional Government Pleader For R3 : Mr.N.S.Karthikeyan For R4 : Mr.J.AnandKumar

O R D E R

************* [Order of the Court was made by G.R.SWAMINATHAN, J.] The Writ petitioner seeks removal of the encroachment put up by the 4th respondent in the public pathway situate at No.49/1, Bharathiyar Road, Junction, Opposite to Daily Thanthi Office, Trichy-1.

https://hcservices.ecourts.gov.in/hcservices/ 2.The petitioner has given a representation dated 02.05.2016 in this regard. The second respondent is directed to enquire into

the matter. If any encroachment is noticed as alleged by the writ petitioner, the same shall be removed. But before doing so, the second respondent shall issue notice to the 4th respondent and follow the statutory procedure. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

3.This Writ Petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(WRITS) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, Trichy Corporation Trichy-1.

2.The Assistant Commissioner, Ponmalai Zone, Trichy Corporation, Trichy-1.

3.The Junior Engineer, Ward No.44, Trichy Corporation, Trichy-1.

+1cc to Mr.J.ANANDKUMAR Advocate in SR. No. 77423 SMI JS/KP/SAR.1/6.11.2017/2P-5C W.P.[MD].No.9223 of 2016 07.09.2017 https://hcservices.ecourts.gov.in/hcservices/