John Michael Raj v. The District Collector

WMP(MD). No.19668 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Special Original Jurisdiction) Friday, the First day of November Two Thousand and Nineteen PRESENT The Hon'ble Mr.Justice T.S.SIVAGNANAM AND The Hon'ble Mrs.Justice R.THARANI WMP(MD). No.19668 of 2019 in WP(MD).No.19428 of 2019 John Michael Raj

...Petitioner

Vs 1 The District Collector, Thoothukudi District 2 The General Manager, Southern Railways, Chennai. 3 The Divisional Manager, Southern Railways, Madurai. 4 The Station Master, Kurumbur Railway Station, Kurumbur, Tiruchendur Taluk, Thoothukudi District.

5 The Estate Officer, Southern Railways, Works Branch, Madurai 6 Murugesa Pandian, The Ex Municipal Councellor, Naalumavadi, Kurumbur, Tiruchendur Taluk, Thoothukudi Taluk and District.

...Respondents

Prayer in WMP(MD). No.19668 of 2019 :- Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India, praying this Court to modify the order passed by this Honourable Court in WP(MD).No.19428/2019 dated 9.9.2019 by incorporating the time limit.

Prayer in WP(MD).No.19428 of 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Directing the respondents to evict the encroachment on the railway land on an extent of 9.61 square meter in Kurumbur Railway Station by enforceing order of eviction passed by Estate Officer without any excuse whatsoever within the time to be fixed by this Honoruable court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

WMP(MD). No.19668 of 2019 ORDER:- Writ Miscellaneous Petition is coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. P.Senthur Pandian, Advocate for the Petitioner and of Mr. A.K.Baskara Pandian, Special Government Pleader on behalf of the 1st respondent, this Court made the following order:

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] This petition has been filed to modify the order passed by this Court by incorporating the time limit.

2.After hearing the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the first respondent, we find that though we had issued direction to the authorities to take necessary action so as to give a quietus to the order of the Estate Officer dated 11.02.2010, we had not fixed the time limit. It does not mean that the authorities should not act. The apprehension of the petitioner is that the authorities will not act. We therefore, direct the authorities to comply with the direction issued by this Court within a period of four months from the date of receipt of a copy of this order.

3.The Writ Miscellaneous Petition is disposed of with the above direction.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) sj TO 1 The District Collector, Thoothukudi District 2 The Superintendent of Police, Thoothukudi. WMP(MD).No.19668 of 2019 in WP(MD).No.19428 of 2019 01.11.2019 JMN(15.11.2019) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2