Parent Teachers Association Of v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.20972 of 2021 Parent Teachers Association of Viscountess Goshen Government Women (Muslim) High School, Trichy, Represented by its Co-Ordinator, 202/76, East Bouleward Road, Trichy-620 008.

... Petitioner -Vs1.The District Collector, Trichy District, Trichy.

2.The Commissioner, Trichy Municipal Corporation, Trichy.

3.Indira Palanivel ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take steps for the removal of the illegal encroachments made in Bhuloganathar Temple Road, Jail Street, Tiruchirappalli abutting the southern walls of the Viscountess Goshen Government (Muslim) Girls High School, Trichy by considering the petitioner's representation dated 15.02.2021 within the period that may be stipulated by this Court.

For Petitioner : Mr.M.Mahaboob Athiff For R1 : Mr.G.V.Vairam Santhosh, Additional Government Pleader For R2 : Mr.R.Baskaran Standing Counsel For R3 : No Appearance

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition is filed seeking issuance of Writ of Mandamus, directing the respondents to take steps for the removal of the illegal encroachments made in Bhuloganathar Temple Road, Jail Street, Tiruchirappalli abutting the southern walls of the Viscountess Goshen Government (Muslim)

Girls High School, Trichy, by considering the petitioner's representation dated 15.02.2021 within a time frame.

2.Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that despite the interim order of this Court dated 08.12.2021, directing the 2nd respondent to evict the encroachers and report before this Court, till date the encroachments have not been removed. 3.In reply, the learned Additional Government Pleader for the 1st respondent submitted that the 2nd respondent had already issued eviction notices to the encroachers on 09.12.2021 itself and on the other hand, the encroachers are not agreeing for alternative accommodation, despite the consideration given by the Government.

4.In view of the above, the 2nd respondent is directed to remove the encroachments within a period of four weeks from today by following due process of law and if any police protection is required, the Assistant

Commissioner of Police, Trichy is directed to render necessary police protection for removal of such encroachments.

5.With the above direction, this Writ Petition stands disposed of. No costs.

[R.M.D., J.] & [J.S.N.P., J.] 24.11.2022 Index : Yes / No Internet : Yes / No Myr To 1.The District Collector, Trichy District, Trichy.

2.The Assistant Commissioner of Police, Trichy.

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.20972 of 2021 24.11.2022