Madras High CourtWP(MD)/13285/2013disposed of

R.Arumugam, v. The Dirctor Of Town And

2015-09-07Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice R. Sudhakar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.13285 of 2013 R.Arumugam ... Petitioner Vs.

1. The Director of Town and Country Planning, Chennai.

2. The Deputy Director Town and Country Planning, Madurai Region, Madurai.

3. The Executive Authority/Member Secretary, Sivakasi Local Planning Authority, Sivakasi.

4. The Commissioner, Sivakasi Municipality, Sivakasi.

5. G.Ashokan ...

Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 4 herein to take all steps to remove the encroachment of lands in Ward C Block 13 Town Survey Nos.15 and 16 Sivakasi Town from the 5th respondent and maintain the same as Public Park.

For Petitioner : Mr.G.Prabhurajadurai for Mr.A.L.Kannan For Respondents 1-3 : Mr.C.Selvaraj, Special Government Pleader.

For 4th Respondent : Mr.K.Dinesh Babu For 5th Respondent : Mr.J.Ashok

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) The petitioner has come forward with this writ petition, seeking for a direction to the respondents 1 to 4 to take all steps to remove the encroachment of lands in Ward C, Block 13, Town Survey Nos.15 and 16, Sivakasi Town from the 5th respondent and maintain the same as Public Park.

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2.Learned counsel appearing for the fifth respondent submitted that it is a private land and there is no encroachment as alleged by the petitioner.

3.In view of the same, we find no justification to entertain the writ petition in public interest. No costs. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To

1. The Director of Town and Country Planning, Chennai.

2. The Deputy Director Town and Country Planning, Madurai Region, Madurai.

3. The Executive Authority/Member Secretary, Sivakasi Local Planning Authority, Sivakasi.

4. The Commissioner, Sivakasi Municipality, Sivakasi.

+ 1 CC TO MR.K.DINESH BABU, ADVOCATE IN SR NO. 52225 + 1 CC TO MR.A.L.KANNAN, ADVOCATE IN SR NO. 52269+ +1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 52695 +1 cc to Mr.J.ASHOK, Advocate SR.No. 52310 SMS TE/MP/ 15/10/2015 2P/9C Writ Petition (MD) No.13285 of 2013 07.09.2015 https://hcservices.ecourts.gov.in/hcservices/