K.Velmurugan v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE K.Velmurugan ... Petitioner -vs1.The Director Urban and Rural Development Project L.I.C.Bank Side Sengalvarayan Buildings 4th Floor No.807, Anna Salai Chennai-600 002 2.The District Collector Tirunelveli Tirunelveli District 3.The Member Secretary Local Planning Authority Xavier Colony South Bye Pass Road Tirunelveli-627 005 4.The Commissioner Tirunelveli Corporation Tirunelveli District 5.The Commissioner of Police

Tirunelveli City Tirunelveli-627 002 6.The Assistant Engineer Water Resource Department / Public Works Department Palayamkalvaipirivu Tirunelveli-627 002 7.The Managing Director State Express Transport Corporation Ltd., Tiruvalluvar House Pallavan Salai Chennai-600 002 8.The General Manager State Express Transport Corporation Ltd., Depot-I, Vannarpettai Tirunelveli-627 003 9.The Managing Director Sri Lakshmi Gayathri Hotel and Vignesh Marriage Hall No.53, TTC Complex Vannarpettai Near Chellapandian Statue Tirunelveli-627 003 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 6 to take appropriate action against the 9th respondent for the encroachment and unauthorized construction of shops made in No.53, TTC Complex, Vannarapettai, Near to

Chellapandian Statue, Tirunelveli-627 003 and to take steps to remove the same on the basis of the petitioner's representation dated 03.05.2019. For Petitioner :

Mr.A.Saravanan for Mr.P.Jeya Sankar For Respondents :

MrMr.P.Thilakkumar Government Pleader for R1 to R3 & R6 Mr.S.Sethupathi for R4 Mr.T.Senthil Kumar Additional Public Prosecutor for R5 Mr.S.C.Herold Singh for R7 Mr.S.Pandiaraj for R8 Mr.T.Dinesh for M/s.Veera Associates for R9

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted seeking a direction to the respondents 1 to 6 to take appropriate action against the ninth respondent for the encroachment and unauthorized construction of shops made in No.53, TTC Complex, Vannarapettai, near to Chellapandian Statue, Tirunelveli-627 003 and to take steps to remove the same on the basis of the petitioner's representation dated 03.05.2019.

2. The Assistant Engineer, Public Works Department (WRD), filed a counter affidavit stating that the encroachments have been identified and a report has been submitted to the authority concerned for initiation of necessary action. However, the statutory notice for removal of encroachments is yet to be issued.

3. In view of the above, the respondents 1 to 6 are directed to initiate the enforcement action to remove the encroachments by following the procedures as contemplated under the relevant statutes and rules. The said exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.

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

[S.M.S., J.] [A.D.M.C., J.] 07.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Director,

Urban and Rural Development Project, L.I.C.Bank Side, Sengalvarayan Buildings 4th Floor, No.807, Anna Salai, Chennai-600 002.

2.The District Collector, Tirunelveli, Tirunelveli District.

3.The Member Secretary, Local Planning Authority, Xavier Colony, South Bye Pass Road, Tirunelveli-627 005.

4.The Commissioner of Police, Tirunelveli City, Tirunelveli-627 002.

5.The Assistant Engineer, Water Resource Department / Public Works Department, Palayamkalvaipirivu, Tirunelveli-627 002.

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE , J.

krk 07.07.2025