Jeyaprakash v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2014 Jeyaprakash ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Project Director, District Rural Development Agency, Collectorate Complex, Virudhunagar.

3.The Commissioner, Virudhunagar Panchayat Union of Council, Virudhunagar Taluk, Virudhunagar District, Virudhunagar.

4.The President, Thathampatti Village Panchayat, Virudhunagar Taluk, Virudhunagar District, Virudhunagar.

5. Amaravathi ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 4 for the removal of illegal construction made by 5th respondent in survey No.46/8 (common pathway) of Thathampati Village, Virudhunagar Taluk, Virudhunagar District on the basis of the representation on dated 28.4.2014, 25.10.2014 with in such time frame as this Court may deem fit.

For Petitioner : Mr.G.Mariappan For Respondents : Mr.S.RA.Ramachandran, Addl. Government Pleader for R1 to R4.

Mr.David Ganesan for R5.

ORDER

Heard the learned counsel on either side.

2.The petitioner alleges that the fifth respondent has put up construction in a public pathway.

3.When the matter was taken up for hearing, the learned Additional Government Pleader submitted that the fifth has not put any construction in S.No.46/8 of Thathampati village which is a common pathway. She 2/4

has put up her construction only in her private patta land under a housing scheme.

4.In view of the categorical stand taken by the official respondents, no interference is warranted and the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 12.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Project Director, District Rural Development Agency, Collectorate Complex, Virudhunagar.

3.The Commissioner, Virudhunagar Panchayat Union of Council, Virudhunagar Taluk, Virudhunagar District, Virudhunagar.

4.The President, Thathampatti Village Panchayat, Virudhunagar Taluk, Virudhunagar District, Virudhunagar.

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G.R.SWAMINATHAN, J.

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