S.Subbiah v. The District Collector

W.P(MD)No.19888 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P(MD)No.19888 of 2019 S.Subbaiah .. Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai North Taluka, Madurai District.

3.The Block Development Officer, Madurai West Panchayat Union, Madurai.

4.The Executive Officer, Kavanoor Panchayat, Madurai North Taluk, Madurai.

5.Mahalakshmi .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the first respondent and direct the second to fourth respondents to take necessary steps for removal of illegally constructed toilet in the 12 feet wide cement street in South Pethampatti, Karvanoor Post, Madurai North Taluk, Madurai by the fifth respondent, by considering the petitioner's representation dated 27.08.2019 within the period as stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For R1 to R4 : Mr.M.Murugan Government Advocate

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.A.Haja Mohideen, learned counsel for the petitioner, Mr.M.Murugan, learned Government Advocate, who accepts notice for the respondents 1 to 4. By consent of both parties, this writ petition is taken up for final disposal.

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W.P(MD)No.19888 of 2019

2. The petitioner seeks for a direction upon the official respondents to take action to remove the construction put up by the fifth respondent, which according to the petitioner is an illegal construction.

3. The learned Government Advocate, on instructions from the third respondent, submitted that the documents of title of the fifth respondent has been called for and after conducting enquiry appropriate action will be initiated in accordance with law.

4. In the light of the above submission, we dispose of the writ petition by directing the third respondent to proceed further in accordance with law after hearing the petitioner and the fifth respondent. The entire proceedings shall be concluded within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai North Taluka, Madurai District.

3.The Block Development Officer, Madurai West Panchayat Union, Madurai.

4.The Executive Officer, Kavanoor Panchayat, Madurai North Taluk, Madurai.

+1 CC to M/s.A.HAJA MOHIDEEN, Advocate SR-87153. +1 CC to SPL GP SR-87915.

W.P(MD)No.19888 of 2019 17.09.2019 CS(04.10.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2