Madras High CourtWP(MD)/5696/2011disposed of

Ayyappan v. The Executive Officer

2017-09-04Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.5696 of 2011 and W.M.P(MD)No.1 of 2011 Ayyappan .. Petitioner Vs.

1.The Executive Officer, Vasudevanallur Town Panchayat, Vasudevanallur, Sivagiri Taluk, Tirunelveli District.

2.Ramesh 3.Kumar .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to forbear the respondents 2 and 3 from making any construction beyond the original space in Old Shop No.5 (New Shop No.20), Vasudevanallur Town Panchayat, Sivagiri Taluk, Tirunelveli District, allotted at the time of allotment.

For Petitioner : Mr.V.Sasi Kumar For Respondent No.1 : Mr.S.Chandrasekar Government Advocate.

For Respondents 2 and 3 : No appearance

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the first respondent to forbear the respondents 2 and 3 from making any construction beyond the original space in Old Shop No.5 (New Shop No.20), Vasudevanallur Town Panchayat, Sivagiri Taluk, Tirunelveli District, allotted at the time of allotment. 2.Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/ 3.The case of the petitioner is that shop No.6 measuring 10x10 feet, belongs to the first respondent, has been allotted to

him and shop No.5 has been allotted to the respondents 2 and 3 and they are doing construction, encroaching 5 feet in front of their shop, which made hindrance to the petitioner. The petitioner has sent a representation to the first respondent and the same was unattended so far. Therefore, the petitioner is before this Court.

4.The learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the first respondent submitted that the construction itself had already been completed.

5.Recording the said submission made on the side of the petitioner as well as first respondent, this writ petition is closed, leaving it open to the petitioner to seek appropriate remedy before appropriate forum.

No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The Executive Officer, Vasudevanallur Town Panchayat, Vasudevanallur, Sivagiri Taluk, Tirunelveli District.

+1cc to Mr.V.SASIKUMAR Advocate in SR. No.76720 SMN JS/KK/SAR.2/12.09.2017/2P-3C ORDER MADE IN W.P(MD)No.5696 of 2011 and W.M.P(MD)No.1 of 2011 04.09.2017 https://hcservices.ecourts.gov.in/hcservices/