S.C. Vaiapury, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and M.P.(MD) Nos.1 & 3 of 2014 S.C.Vaiapury ... Petitioner -vs1.The District Collector Trichy District, Trichy 2.The Executive Officer Musiri Town Panchayat Trichy 3.The Inspector of Police Musiri Police Station Trichy 4.A.A.Saraswathi 5.The Tahsildar Musiri Taluk Trichy District ... Respondents [R5 is impleaded vide order dated 01.12.2014 in M.P.(MD) No.2 of 2014]

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to remove the encroachment made by the fourth respondent over the Public Street, namely, Mariammankovil Lane, Musiri Town Panchayat, in the guise of reconstruction of her residence and forthwith take appropriate action in accordance with the procedures contemplated under the Tamilnadu District Municipalities Act, 1920.

For Petitioner :

Mr.T.Selvakumaran For Respondents :

Mr.P.Thilakkumar Government Pleader for R1, R3 & R5 Mr.S.Chandrasekar for R2 Mr.R.Subramanian for R4

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 second respondent to remove the encroachment made by the fourth respondent in Mariammankovil Lane, Musiri Town Panchayat, under the guise of reconstruction of her residence and to take appropriate action forthwith in accordance with the procedures contemplated under the Tamilnadu District Municipalities Act, 1920.

2. Today, when the matter was taken up for hearing, the learned counsel appearing for the respective respondents jointly submitted that there is no encroachment in the subject lane, as alleged by the petitioner.

3. Recording the above submission and granting liberty to the petitioner to approach the authority concerned, if any further encroachment is noticed, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

[R.M.D., J.] [J.S.N.P., J.] 28.09.2022 Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Trichy District, Trichy.

2.The Inspector of Police, Musiri Police Station, Trichy.

3.The Tahsildar, Musiri Taluk, Trichy District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk and M.P.(MD) Nos.1 & 3 of 2014 28.09.2022