K. Aalone, v. The Commissioner Of Madurai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI K.Aalone ... Petitioner versus

1. The Commissioner of Madurai Corporation, O/o. Commissioner of Madurai Corporation, Madurai District.

2. The City Engineer, Madurai Corporation Building Campus, Madurai, Madurai District.

3. The Executive Engineer, Town Planning, Madurai Corporation Building Campus, Madurai, Madurai District.

4. K.Kuppa Muthu ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 1/5

respondents 1 to 3 to remove the illegal encroachment made by respondent No.4 in Survey Nos.30/30, 30/32, 30/46 situated at Ceylon Colony, Vilangudi, Madurai District and consequently, relocate them in any other alternative place within the stipulated by this Court. For Petitioner : Mr.S.Rajasekar For R1 to R3 : Mr.R.Murali For R4 : No appearance

ORDER

This writ petition is filed for a mandamus directing the respondents 1 to 3 to remove the illegal encroachment made by respondent No.4 in Survey Nos.30/30, 30/32, 30/46 situated at Ceylon Colony, Vilangudi, Madurai District and consequently, relocate them in any other alternative place within the stipulated by this Court.

2. The grievance of the petitioner is that the 4th respondent and others have made encroachment in public street. 2/5

3. This writ petition filed in the year 2014 was taken up for further hearing only in the year 2023. On the last occasion, this Court directed the learned counsel appearing for Madurai Corporation to measure the land and identify as to whether any encroachment has been made in public street.

4. The learned counsel appearing for Madurai Corporation submits that pursuant to the direction of this Court, the Corporation officials have taken measurement and found that there are some encroachments made by putting up steps in the road margin and therefore, they intend to remove the encroachment by issuing notice. He further submits that in that area, underground drainage work is going on and after the completion of that work, they are going to lay a road, at that time, encroachments would be removed. 3/5

5. In view of the submissions made by the learned counsel appearing for Madurai Corporation, the writ petitioner is disposed of. No costs.

11.04.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The Commissioner of Madurai Corporation, O/o. Commissioner of Madurai Corporation, Madurai District.

2. The City Engineer, Madurai Corporation Building Campus, Madurai, Madurai District.

3. The Executive Engineer, Town Planning, Madurai Corporation Building Campus, Madurai, Madurai District.

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B.PUGALENDHI, J.

ogy 11.04.2023 5/5