P.Syed Ibrahim v. The District Collector

W.P.(MD).No.20511 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2019

CORAM:

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI W.P.(MD).No.20511 of 2019 P.Syed Ibrahim ... Petitioner Vs.

1.The District Collector, Theni District.

2.The Tahsildar, Bodinayakkanur Taluk, Theni District.

3.The Commissioner, Bodinayakkanur Municipality, Bodinayakkanur.

4.K.S.Sait 5.Abitha ... Respondents PRAYER:This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, direct the 3rd respondent to remove encroachment made by the 4th and 5th respondent in the pathway in T.S.No.4192/5A12D in Survey Ward-II, Block-45, Bodinayakkanur Town, Within a time fixed by this Court.

For Petitioner : Mr.R.Suriyanarayanan For R1 and R2 : Mr.A.Muthukaruppan Additional Government Pleader For R3 : Mr.M.Karuppa Samy Pandian Government Advocate

ORDER

(Order of this Court was made by T.S.SIVAGNANAM, J) Heard Mr.R.Suriyanarayanan, learned counsel appearing for the petitioner, Mr.A.Muthukaruppan, learned Additional Government Pleader appearing for the first and the second respondents and Mr.M.Karuppa Samy Pandian, learned Government Advocate appearing for the third respondent.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.20511 of 2019 2.By consent on either side, this writ petition is taken up for disposal.

3.This writ petition has been filed to direct the third respondent to consider the petitioner's representation and to remove the encroachment caused by the respondents 4 and 5. 4.Since we are disposing of the writ petition without notice to the respondents 4 and 5, we do not propose to issue any positive direction in this writ petition.

5.The learned counsel appearing for the third respondent would submit that the third respondent will inspect the property in question and if necessary, survey will be conducted, after notice to the petitioner and the respondents 4 and 5 and take action in accordance with law. This submission is placed on record and the third respondent is directed to do so, within a period of four weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar Ns To 1.The District Collector, Theni District.

2.The Tahsildar, Bodinayakkanur Taluk, Theni District.

3.The Commissioner, Bodinayakkanur Municipality, Bodinayakkanur.

+1 CC to M/s.M.KARUPPASAMY PANDIAN, Advocate ( SR-88899[F] dated 24/09/2019 ) +1 CC to M/s.R.SURIYANARAYANAN, Advocate ( SR-88817[F] dated 24/09/2019 ) +1 CC to M/s.GP ( SR-89384[F] dated 25/09/2019 ) W.P.(MD).No.20511 of 2019 24.09.2019 JM/15.10.2019/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2