A.Rathinavel v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2017
CORAM
THE HON'BLE MR.JUSTICE A.SELVAM and THE HON'BLE MR.JUSTICE P.KALAIYARASAN W.P(MD) No.8093 of 2011 A.Rathinavel ... Petitioner -vs1. The Commissioner, Corporation of Trichirapalli, Trichirapalli.
2. The Assistant Commissioner, Corporation of Trichirapalli, Ponmalai Zonal, Trichirapalli.
3. The Assistant Engineer, Corporation of Trichirapalli, Ponmalai Zonal, Melakkalkandar Kottai, Trichirapalli - 620 011.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents 1 to 3 to immediately remove the encroachments at Mela Street, Melakalkandar Kottai, Trichy-620 011. For Petitioner : Mr.A.M.Venkatakrishnan For RR - 1 & 2 : Mr.P.Srinivas For R - 3 : No appearance
O R D E R
[Order of the Court was made by A.SELVAM, J.] This Writ Petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to remove the encroachments alleged to have been made in Mela Street, Melakalkandar Kottai, Trichirapalli by way of issuing a Writ of Mandamus.
https://hcservices.ecourts.gov.in/hcservices/ 2.It is averred in the petition that the petitioner is a resident of Melakalkandar Kottai, Trichirapalli, wherein at Mela
street, so many encroachments have been made and for the purpose of removing the same, various representations have been given. But the respondents 1 to 3 have not taken any steps and therefore, the present Writ Petition has been filed for getting the relief sought therein.
3.The learned counsel appearing for the petitioner has advanced his argument on the basis of the averments made in the Writ Petition.
4.The learned counsel appearing for the respondents 1 and 2 has contended to the effect that periodically encroachments have been removed.
5.Considering the nature of relief sought in the Writ Petition, this Court is of the view to pass the following order. 6.In fine, this Writ Petition is allowed without without cost. The respondents 1 to 3 are directed to remove all encroachments under due process of law within a period of two months. Consequently, MP(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar To
1. The Commissioner, Corporation of Trichirapalli, Trichirapalli.
2. The Assistant Commissioner, Corporation of Trichirapalli, Ponmalai Zonal, Trichirapalli.
3. The Assistant Engineer, Corporation of Trichirapalli, Ponmalai Zonal, Melakkalkandar Kottai, Trichirapalli - 620 011.
+1 cc Mr.A.M.VENKATAKRISHNAN, Advocate, SR.No:696 +1 cc Mr.P.SRINIVAS, Advocate, SR.No:979 mj sva/ss2/ksm/18.01.2017/2p/6c https://hcservices.ecourts.gov.in/hcservices/ W.P(MD) No.8093 of 2011 04.01.2017