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Madras High CourtWP(MD)/19903/2024allowed

S.Samuel Chandran v. The District Collector

2024-10-04Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Wednesday, the Thirtieth day of October Two Thousand and Twenty Four PRESENT The Hon`ble THE CHIEF JUSTICE AND The Hon`ble Mr.Justice MOHAMMED SHAFFIQ WP(MD). No.19903 of 2024 S.Samuel Chandran S/o.S.C.Pandian Joseph, No.17 James Garden Street, Pasumalai, Madurai ... Petitioner Vs 1 The District Collector Dindigul Dindigul District 2 The Tahsildar Kodaikanal Taluk Dindigul District 3 The Commissioner Kodaikanal Municipality Kodaikanal Dindigul District 4 The Deputy Superintendent Of Police Kodaikanal Dindigul District 5 D.Philominal 6 M.Ponraj 1/4

7 Pownraj 8 The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation (Tangedco) Kodaikanal Dindigul District.

... Respondents (R8 is Suo Motu Impleaded Vide Court Order Dated 20.08.2024 in WP(MD)No.19903/2024).

Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to remove the encroachment made on the public road and its margin in Survey No.26, Ward C, Block 1, Kodaikanl by implementing the order made by this Honourable Court in W.P.No.5702 of 2005 dated 16.08.2005 and in W.P.(MD).No.23996 of 2019 dated 14.11.2019 along with police protection within the time that may be stipulated by this Honourable Court.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. M. Mahaboob Athiff, Advocate for the Petitioner and of Mr. P.T. Thiraviyam, Government Advocate for the 1st and 2nd respondents, Mr. T.S. Mohammed Mohideen, Standing counsel for the 3rd respondent and Mr. B. Thanga Aravindh, Govt. Advocate for the 4th respondent, this Court made the following order: (Order of the Court was made by the Hon'ble the Chief Justice) A status report dated 30.10.2024 is being filed by one Mr.P.Sathiyanathan, Commissioner, Kodaikanal Municipality, copy whereof is made available to the petitioner as well.

2. In Paragraph No.7 of the said report, it is stated that all 14 encroachments have been removed. Petitioner's counsel states he is satisfied with the report. The report is taken on record and marked as 'X'.

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3. Petition is closed.

Sd/- Assistant Registrar(CO) // True Copy // /12/2024 Sub Assistant Registrar (CS - I/ II / III /IV) Encl:- Report filed by the Commissioner Kodaikanal Municipality.

TO 1 The District Collector Dindigul, Dindigul District 2 The Tahsildar Kodaikanal Taluk, Dindigul District 3 The Commissioner Kodaikanal Municipality, Kodaikanal, Dindigul District 4 The Deputy Superintendent Of Police, Kodaikanal, Dindigul District

5. The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation (TANGEDCO) Kodaikanal, Dindigul District.

Copy to:

1. The Junior Engineer, TANGEDCO, Kodaikanal, Dindigul District.

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2. The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.

3. The Section Officer, E.R. Section, Madurai Bench of Madras High Court, Madurai.

+ 1c.c. To M/s. M. Mahaboob Athiff, Advocate SR.No.62117. + 1c.c. To M/s. T.S. Mohamed Mohidheen, Advocate SR.No.62388. + 1c.c. To Government Pleader, SR.No.62491.

ORDER DATED : 30/10/2024 ==========================

ORDER

========================== WP(MD). No.19903 of 2024 Giving direction and etc.

as stated within.

MK/03.12.2024 4P/12C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4