Salaikumar M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.24453 of 2022 and WMP(MD) No.19141 of 2022 M.Salaikumar ... Petitioner Vs.

1. The District Collector, Collector Office, Tirunelveli and

2. The Commissioner, Municipal Corporation, Tirunelveli City Municipal Corporation, Tirunelveli and

3. The Thasildar, Tirunelveli Taluk, Tirunelveli District.

4. The Inspector of Police, Pettai Police Station, Tirunelveli City, Tirunelveli District.

5. The District Education Officer, District Education Officer, 1/5

Tirunelveli Town, Tirunelveli District.

6. The Correspondent, Siva Nursery and Primary School, Rep by K.Ganapathi Subramanian, S/o.Kaliyappan, D.No. 340/a1, Cheran Mahadevi Road, Pettai, Tirunelveli Town and District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 5 to consider the representation dated 25.10.2021 and remove the unauthorized construction made by the sixth respondent in Town Survey No.185 at Tirunelveli Town and For Petitioner : Mr.R.Jegadeeswaran For Respondents 1,3 & 5 : Mr.J.Ashok Addl. Government Pleader For Respondent No. 2 : Mr.s.P.Maharajan Spl.Govt.Pleader For Respondent No.4 : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a writ of mandamus, directing the respondents 1 to 5 to remove the unauthorized construction made by the sixth respondent in Town Survey No. 185 at Tirunelveli Town, by considering his representation dated 25.10.2021. 2/5

2. Today, when the matter was taken up for hearing, the learned counsel on either side submitted that in respect of the land in question, a civil suit in O.S.No.275 of 2022 is pending between the parties before the IAdditional District Court, Tirunelveli, and hence, this writ petition may be closed, granting liberty to the parties to work out their remedies in the pending suit.

3. Recording the said submission of the learned counsel for the parties and granting such liberty, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] [J.S.N.P., J.] 15.11.2022 Internet : Yes / No Index : Yes / No pkn 3/5

To

1. The District Collector, Collector Office, Tirunelveli and

2. The Commissioner, Municipal Corporation, Tirunelveli City Municipal Corporation, Tirunelveli and

3. The Thasildar, Tirunelveli Taluk, Tirunelveli District.

4. The Inspector of Police, Pettai Police Station, Tirunelveli City, Tirunelveli District.

5. The District Education Officer, District Education Officer, Tirunelveli Town, Tirunelveli District.

4/5

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

pkn W.P(MD)No.24453 of 2022 15.11.2022 5/5