Madras High CourtWP(MD)/7586/2018disposed of

T.Muthuselvam, v. The District Collector

2022-09-29Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD T.Muthuselvam ... Petitioner -vs1.The District Collector Trichy 2.The Commissioner Trichy City Municipal Corporation Trichy 3.M.Muthaiyan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 and 2 to remove the encroachment made by the third respondent in T.S.No.196/1 of Tiruchirappalli Town, at once.

For Petitioner :

Mr.P.Ganapathi Subramanian For Respondents :

Mr.V.Nirmal Kumar Government Advocate for R2 & R2

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 and 2 to remove the encroachment made by the third respondent in T.S.No.196/1 of Tiruchirappalli Town.

2. The grievance of the petitioner is that though he made a representation to the second respondent as early as on 05.02.2018 seeking removal of the encroachment made by the third respondent in the aforesaid survey number, till date the same has not been considered. 3.

The learned Government Advocate appearing for the respondents 1 and 2, on instructions, submitted that the petitioner's representation dated 05.02.2018 would be considered in the manner known to law and appropriate action will be taken.

4. In view of the above, without going into the merits of the claim made by the petitioner, the respondents 1 and 2 are directed to consider the petitioner' representation dated 05.02.2018 and pass appropriate orders, if not

already disposed of, on merits and in accordance with law. If there is any encroachment as pointed out by the petitioner, the same shall be removed, after giving due notice to all the parties concerned and by following due process of law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

[R.M.D., J.] [J.S.N.P., J.] 29.09.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Trichy.

2.The Commissioner, Trichy City Municipal Corporation, Trichy.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 29.09.2022