The Dist.Collector v. Ponni.P
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Twenty Eighth day of November Two Thousand and Twenty Three PRESENT THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN IN WP(MD) No.6796 of 2021 1 THE DIST.COLLECTOR TIRUNELVELI DISTRICT , TIRUNELVELI.
2 THE TAHSILDAR PALAYAMKOTTAI TALUK, TIRUNELVELI.
... Petitioners / Respondents No.1 & 4 Vs 1 PONNI ... 1st Respondent / Petitioner 2 THE COMMISSIONER TIRUNELVELI CITY MUNICIPAL CORPORATION, TIRUNELVELI.
3 THE ASSISTANT COMMISSIONER PALAYAMKOTTAI ZONE, TIRUNELVELI CITY MUNICIPAL CORPORATION , TIRUNELVELI.
... Respondents 2 & 3 / Respondents 2 & 3 1/4
4 R.SUBRAMANIAN 5 S.BALARAMAN ... Respondents 4 & 5 / Respondents 5 & 6 Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant leave to the petitioners to file counter affidavit in W.P.(MD) No.6796 of 2021. Prayer in WP(MD). 6796/ 2021 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ , order or direction or any other writ in the nature of a Writ of Mandamus directing the respondents 1 to 4 herein to remove the encroachement made by the respondents 5 and 6 in the Survey No.1021 to the extent of 887 sq.ft of the government porampoke land and take appropriate action against the respondents 5 and 6 by way of considering my representation dated 20/02/2021 and 04/03/2021.
ORDER : This writ miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.P.MAHARAJAN, Special Government Pleader for the petitioners and of Mr.V.M.JEGADEESH PANDIAN, Advocate on behalf of the Respondent No.1 and of Mr.M.P.SENTHIL, Advocate on behalf of the Respondent Nos.4 & 5, the court made the following order:- [Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.S.P.Maharajan, learned Special Government Pleader for the applicants, Mr.V.M.Jegadeesh Pandian, learned counsel for the first respondent and Mr.M.P.Senthil, learned counsel for the respondents 4 & 5.
2. The present application is filed to permit the applicants to file counter after a prescribed period.
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3. Counter affidavit is filed along with the application. The same is accepted.
4. The present application, as such, stands allowed and is disposed of. sd/- 28/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
KRK To 1 THE DIST.COLLECTOR TIRUNELVELI DISTRICT , TIRUNELVELI.
2 THE TAHSILDAR PALAYAMKOTTAI TALUK, TIRUNELVELI.
3 THE COMMISSIONER TIRUNELVELI CITY MUNICIPAL CORPORATION, TIRUNELVELI.
4 THE ASSISTANT COMMISSIONER PALAYAMKOTTAI ZONE, TIRUNELVELI CITY MUNICIPAL CORPORATION , TIRUNELVELI.
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ORDER
IN IN WP(MD) No.6796 of 2021 Date :28/11/2023 ED/JGB/SAR- (29/11/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4