A.Jahir Hussain v. Tiruchirappalli Corporation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD A.Jahir Hussain ... Petitioner Vs.

1.Tiruchirappalli Corporation, Rep. By its Commissioner, Tiruchirappalli.

2.The Assistant Commissioner, Ariyamangalam Division, Tiruchirappalli Corporation, Tiruchirappalli.

3.Abdul Majeed 4.Jamruth Begum 5.Mehraj 6.Kamurudeen

7.Rahim ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to pass orders on the petitioner's representation dated 13.02.2018 requesting to remove the encroachment made by the respondents 3 to 7 in T.S.No.175, Muslim Street, Varaganeri, Periyapalayam, Tiruchirappalli - 8 abutting the petitioner's house situated in T.S.No.146, within a time frame fixed by this Court. For Petitioner :

Mr.P.Vinoth For Respondents :

Mr.R.Baskaran Standing Counsel for R1 & R2 No appearance for R3 to R7

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to pass orders on the petitioner's representation dated 13.02.2018, requesting to remove the encroachment made by the respondents 3 to 7 in T.S.No.175, Muslim Street, Varaganeri, Periyapalayam,

Tiruchirappalli - 8, abutting the petitioner's house situated in T.S.No.146, within a time frame.

2. It is the case of the petitioner that the respondents 3 to 7 have encroached the land in T.S.No.175, Muslim Street, Varaganeri, Periyapalayam, Tiruchirappalli - 8. In this regard, the petitioner made a representation on 21.02.2017 to the respondents 1 and 2. In response to the same, the second respondent has sent a communication in Na.Ka.No.1958/F1/mhpa dated 09.06.2017 to the petitioner, stating that the survey conducted by the Town Surveyor revealed encroachment in T.S.No.175. According to the petitioner, despite the aforesaid communication, till date no action has been taken to remove the encroachment. Hence, the petitioner has filed this Writ Petition.

3. The learned Standing Counsel appearing for the respondents 1 and 2 fairly submitted that authorities concerned will remove the encroachments by following due process of law within a time frame.

4. Recording the above submission, this Writ Petition is disposed of with a direction to the official respondents to remove the encroachments in T.S.No.175 after affording sufficient opportunity of hearing to all the parties concerned and by following due process of law. Such an exercise shall be completed within eight weeks from the date of receipt of a copy of this order. No costs. [R.M.D., J.] [J.S.N.P., J.] vsm 10.10.2022

To 1.Tiruchirappalli Corporation, Rep. By its Commissioner, Tiruchirappalli.

2.The Assistant Commissioner, Ariyamangalam Division, Tiruchirappalli Corporation, Tiruchirappalli.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm 10.10.2022