Madras High CourtWP(MD)/24140/2019disposed of

Rajangam v. The District Collector

2019-11-15Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani2 pages

W.P.(MD).No.24140 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2019

CORAM:

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI W.P.(MD).No.24140 of 2019 Rajangam ... Petitioner Vs.

1.The District Collector, Theni District.

2.The Thasildhar, Uthamapalayam Taluk, Theni District.

3.The Commissioner, Cumbum Municipality, Theni District.

... Respondents PRAYER: This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 3rd respondent to remove the encroachment in the Road in T.S.No.47 in Block No.18 and in Ward A, Cumbam Town in Theni District in accordance with law within a time to be fixed by this Court.

For Petitioner : Mr.S.Saravanakumar For Respondents : Mr.A.K.Baskarapandian Spl.Govt.Pleader

O R D E R

(Order of this Court was made by T.S.SIVAGNANAM, J) We have heard Mr.S.Saravanakumar, learned counsel for the petitioner and Mr.A.K.Baskarapandian, the learned Special Government Pleader, who accepts notice for the respondents.

2. This Writ Petition has been filed seeking for a direction to the 3rd respondent to remove the encroachment in the Road in T.S.No.47 in Block No.18 and in Ward A, Cumbam Town in Theni District.

3. The petitioner seeks for a positive direction to remove the encroachment. However, none of the encroachers have been impleaded as respondent. Further, in the representation said to have been given by the petitioner on 15.10.2019, there is no mention https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.24140 of 2019 about who are encroachers. Since we find that the representation is bereft of particulars, we cannot issue any direction based on such representation. Therefore, we dispose of this writ petition by giving liberty to the petitioner to make a comprehensive representation before the appropriate authority, which shall be considered in accordance with law.

4. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) MPK To 1.The District Collector, Theni District.

2.The Thasildhar, Uthamapalayam Taluk, Theni District.

3.The Commissioner, Cumbum Municipality, Theni District.

+1 CC to Spl.GP ( SR-99022[F] dated 18/11/2019 ) W.P.(MD).No.24140 of 2019 15.11.2019 MK (06.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2