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Madras High CourtWP(MD)/22054/2019disposed of

Natham Town Mohaideen Andavar Tholugai Palli v. The Executive Officer

2019-10-18Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani2 pages

W.P.[MD]No.22054 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.[MD]No.22054 of 2019 Natham Town Mohaideen Andavar Tholugai Palli, Represented through its President, S.M.K. Abdul Muthalif, S/o. S.Mohameed Kalanjiyam, Ashok Nagar, Natham, Dindigul District.

: Petitioner Vs.

1.The Executive Officer, Natham Town Panchayat, Natham, Dindigul District.

2.Bhagavathi Amman Temple Rep, through its Administrative Karuppiah, North New Street, Ashok Nagar, Natham Town, Dindigul District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first respondent to implement the order relating to the first respondent in his proceedings Na.Ka.No.240/2019/A1 dated 29.07.2019, removal of 1 1⁄2 x 25 feet construction by the second respondent on the Western side of the petitioner Pallivasal situated in Land bearing S.No.427/36, Ward No.18, Ashok Nagar, Natham within a time limit fixed by this Court.

For Petitioner : Mr.PT.S.Narendravasan For Respondent No.1 : Mr.Aayiram K.Selvakumar Additional Government Pleader

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 2.Heard Mr.PT.S.Narendravasan, learned Counsel appearing for the petitioner and Mr.Aayiram K.Selvakumar, learned Additional Government Pleader appearing for the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.22054 of 2019 3.The petitioner seeks for a direction upon the first respondent to implement the proceedings dated 29.07.2019. According to the petitioner, in spite of notice having been issued by the first respondent construction is going on unauthorisedly and no action has been initiated to remove the encroachment. 4.Mr.Aayiram K.Selvakumar, learned Standing Counsel appearing for the first respondent, on instructions, submitted that notice has been issued to the second respondent and construction has been stopped and action has been taken for removal of encroachment, for which purpose measurement is to be undertaken and the matter will be expedited and action will be initiated within four [4] weeks from today.

5.This submission made on behalf of the first respondent is placed on record and the entire process should be completed within a period of four [4] weeks.

6.The Writ Petition stands disposed of, accordingly. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) MR To The Executive Officer, Natham Town Panchayat, Natham, Dindigul District.

+1 CC to M/s.PT.S.NARENDRAVASAN, Advocate ( SR-92893[F] dated 18/10/2019 ) +1 CC to M/s.AAYIRAM K.SELVAKUMAR, Advocate ( SR-92888[F] dated 18/10/2019 ) Order made in W.P.[MD]No.22054 of 2019 Dated: 18.10.2019 KM/(31.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2