A.M.Jeyakodi, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR A.M.Jeyakodi : Petitioner Vs.

1.The District Collector, Madurai District.

2.The Divisional Engineer, Highways Department, Madurai District.

3.The Tahsildar, Madurai North, Madurai.

4.Vijayalakshmi 5.M/s.A to Z Stores, Iyer Bungalow, Madurai - Natham Road, 1/6

6.M/s.Raja Petty Shop, Iyer Bungalow, Madurai - Natham Road, 7.M/s.Meenakshi Tiffin Centre, Iyer Bungalow, Madurai - Natham Road, 8.M/s.Chettinadu Mixure Stall, Iyer Bungalow, Madurai - Natham Road, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments made by the respondents 4 to 8 in Survey Nos.64/2 and 64/5 in Thiruppalai Village, Madurai and in Survey No.40/5 and 40/17 in Kannanenthel Naganakulam Village, Madurai by considering the representation of the petitioner dated 16.06.2017 and 01.11.2017.

For Petitioner : Mr.S.Arivalagan For Respondents 1 to 3 : Mr.S.P.Maharajan Special Government Pleader For Respondent No.4 : Ms.K.M.Priscilla Jancy For Respondents 5 to 8 : No appearance 2/6

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for a direction to the respondents 1 to 3 to remove the encroachments made by the respondents 4 to 8 in Survey Nos.64/2 and 64/5 in Thiruppalai Village, Madurai and in Survey No.40/5 and 40/17 in Kannanenthel Naganakulam Village, Madurai by considering the representations of the petitioner dated 16.06.2017 and 01.11.2017. 2.Today, when the matter was taken up for hearing, learned Special Government Pleader submitted that some portion of the encroachments in the aforesaid survey numbers have been removed and for the remaining portion of the lands, notices have been served to the encroachers for removal of the encroachments. But the said notices for removal of encroachments were challenged before this Court and an order of interim stay has been granted in W.P.(MD)Nos.19528 to 19531 of 2023, vide order dated 11.08.2023. 3.In view of the above, the petitioner has to necessarily implead the parties in the said Writ Petitions. 3/6

4.Accordingly, this Writ Petition stands disposed of, with liberty to the petitioner to file a fresh Writ Petition. There shall be no order as to costs.

[D.K.K.,J.] & [M.S.K.,J.] 22.01.2024 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The District Collector, Madurai District.

2.The Divisional Engineer, Highways Department, Madurai District.

3.The Tahsildar, Madurai North, 5/6

D.KRISHNAKUMAR, J.

and MUMMINENI SUDHEER KUMAR, J.

MR ORDER MADE IN 22.01.2024 6/6