Madras High CourtWP(MD)/20872/2014disposed of

M. Gandhimathi, v. The District Collector,

2023-01-30Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.01.2023

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU and M.P.(MD).No.1 of 2014 M.Gandhimathi ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Superintending Engineer (Construction & Maintenance), O/o.the Superintending Engineer, Highways Department, Madurai Circle, Alagar Kovil Road, 3.The Divisional Engineer (Construction & Maintenance) O/o.The Divisional Engineer, Madurai Division,

4.The Assistant Divisional Engineer (Construction & Maintenance) O/o.The Assistant Divsional Engineer, Madurai West Sub Division, ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of mandamus, forbearing the respondents from destructing the petitioner's dwelling house to an extent of 657 Sq.Ft situated at No.9, Maravar 2nd street, Arapalayam, Madurai-16, without following the due process of law.

For Petitioner :Mr.T.Lajapathi Roy For Respondents :Mr.G.Siva Raja Government Advocate

O R D E R

This writ petition has been filed seeking for a mandamus, forbearing the respondents from demolishing the petitioner's dwelling house to an extent of 657 Sq.Ft., situated at No.9, Maravar 2nd Street, Arapalayam, Madurai-16, without following the due process of law.

2. Considering the limited prayer sought for in the writ petition that the respondents should not demolish the dwelling house of the petitioner without following due process of law, the respondents are directed not to interfere with the possession of the petitioner without following the due process of law.

3. With the aforesaid directions, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

30.01.2023 Index : Yes / No Speaking Order/Non Speaking Order sbn

To 1.The District Collector, Madurai District, Madurai.

2.The Superintending Engineer (Construction & Maintenance), Highways Department, Madurai Circle, Alagar Kovil Road, 3.The Divisional Engineer (Construction & Maintenance) Madurai Division, 4.The Assistant Divisional Enginee, (Construction & Maintenance) Madurai West Sub Division,

K.KUMARESH BABU, J.

sbn and M.P.(MD).No.1 of 2014 30.01.2023