Aibea Nagar(Paravai) Residents Welfare Association v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)Nos.21303 & 21305 of 2019 AIBEA Nagar (Paravai) Residents' Welfare Association, Represented by its Secretary, K.Alagarsamy ... Petitioner vs.

1.The District Collector, District Collectorate, Madurai - 625 020.

2.The Assistant Director of Town Panchayats, District Collectorate Complex, Madurai - 625 020.

3.The Executive Officer, Town Panchayat, Paravai, Madurai - 625 402.

4.Suresh Kumar 5.Siva 6.Thanga Kumar 7.Rajendran ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to remove all the encroachments on the road area in AIBEA Nagar and initiate immediate action on the buildings already constructed violating the approved building plan and the building norms and encroaching roads and prevent further illegal deviational constructions in those buildings where construction is under way without following front and side set back norms and prevent encroachments upon the road area in AIBEA Nagar.

For Petitioner : Mr.P.Krishnasamy For RR 1 to 3 : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by J. NISHA BANU, J.) The Writ Petition has been filed by the petitioner for a direction to direct the respondents to remove all the encroachments on the road area in AIBEA Nagar.

2.Today, when the matter is taken up for hearing, the learned Government Pleader appearing for the respondents, on instructions, would submit that encroachments made in the road side in AIBEA colony were removed by due process of law.

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3.Refuting the same, the learned counsel appearing for the petitioner would submit that still there are encroachments in the place in question. 4.Considering the submissions made by the learned counsel appearing on either side, if there is any encroachment in the place in question, the petitioner shall identify the same to the authorities concerned and the authorities concerned shall take appropriate action, after affording sufficient opportunity to all the parties concerned and by following due process of law. 5.With the above observation, this Writ Petition is closed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

[J.N.B.,J.] & [S.S.Y.,J.] 17.03.2025 NCC : Yes / No Index : Yes / No ps 3/5

To 1.The District Collector, District Collectorate, Madurai - 625 020.

2.The Assistant Director of Town Panchayats, District Collectorate Complex, Madurai - 625 020.

3.The Executive Officer, Town Panchayat, Paravai, Madurai - 625 402.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 17.03.2025 5/5