M.Mohammed Yahoob v. The Director

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 and W.M.P.(MD)No.20249 of 2018 M.Mohammed Yahoob ... Petitioner Vs.

1.The Director, National Highways Department, Chennai.

2.The Director, State Highways Department, Chennai.

3.The District Collector, Madurai District, Madurai.

4.The Thasildar, Melur Taluk, Madurai District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the encroachments which are available in survey numbers 273/4A2, 273/4B2, 273/5A2, 273/5B2, 273/6, 273/7A2B, 273/7A3B, 273/7B1A2, 273/7B1B2, 273/7B2B, 273/8A2, 273/8B2, 273/9A2, 273/9B and 274 Karunkalagudi Village, Melur Taluk, Madurai District by considering the petitioner's representation dated 30.06.2018. For Petitioner :

Mr.I.Murugesan For Respondents :

Mr.S.P.Maharajan, Special Govt. Pleader.

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 to remove the encroachments made in survey numbers 273/4A2, 273/4B2, 273/5A2, 273/5B2, 273/6, 273/7A2B, 273/7A3B, 273/7B1A2, 273/7B1B2, 273/7B2B, 273/8A2, 273/8B2, 273/9A2, 273/9B and

274 Karunkalagudi Village, Melur Taluk, Madurai District, by considering the petitioner's representation dated 30.06.2018.

2. Today, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents, on instructions, submitted that there are encroachments in the above said survey numbers, as projected by the petitioner and the authorities concerned are now taking steps to remove the same by due process of law.

3. Recording the above submission, this Writ Petition is disposed of with a direction to the official respondents to remove the encroachments after affording opportunity of hearing to all the parties concerned and by following due process of law. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] [J.S.N.P., J.] vsm 10.10.2022

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm To 1.The Director, National Highways Department, Chennai.

2.The Director, State Highways Department, Chennai.

3.The District Collector, Madurai District, Madurai.

4.The Thasildar, Melur Taluk, Madurai District.

10.10.2022