Nithiyanantham. C v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)NO.23855 OF 2023 C.Nithiyanantham :Petitioner .vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Divisional Engineer, Highways Department, 3.The Assistant Engineer, Highways Department, Aathur Sub-Division, 4.The Tahsildar, Aathur Taluk, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to implement the order made in W.P(MD)No.9087 of 2020, dated 14.08.2020 within the time frame fixed by this Court. For Petitioner :Mr.C.Prithiviraj 1/5

For Respondents :Mr.J.K.Jeyaseelan Govt.Advocate

O R D E R

********* (Order of the Court was made by S.S.SUNDAR,J) This Writ Petition is filed seeking issuance of a Writ of Mandamus directing the respondents to implement the order made in W.P(MD)No.9087 of 2020, dated 14.08.2020 within the time frame fixed by this Court.

2.Mr.J.K.Jeyaseelan, learned Government Advocate takes notice for the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The Petitioner has not even impleaded the alleged encroachers.

4.The learned Government Advocate appearing for the respondents now states that proceedings have been initiated as against the persons who have encroached the subject land. The alleged encroachers have already filed Writ Petitions in W.P(MD)Nos. 16401, 16254 and 16715 of 2023 before this Court. 2/5

5.In these circumstances, this Court is not inclined to entertain the present Writ Petition. If the Petitioner wants, he may implead himself in the Writ Petitions already filed by the alleged encroachers, which is pending before this Court. 6.With the liberty preserved to the Petitioner as stated above, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous petition is closed.

[S.S.S.R.,J.] [D.B.C,J.] 29.09.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The District Collector, Dindigul District, Dindigul.

2.The Divisional Engineer, Highways Department, 3.The Assistant Engineer, Highways Department, Aathur Sub-Division, 3/5

4.The Tahsildar, Aathur Taluk, S.S.SUNDAR, J.

4/5

AND D.BHARATHA CHAKRAVARTHY,J.

vsn 0RDER MADE IN W.P(MD)NO.23855 OF 2023 29.09.2023 5/5