Madras High CourtWP(MD)/19251/2013disposed of

Philominraj v. State Rep By

2017-09-14Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No. 19251 of 2013 Philominraj ... Petitioner Vs.

1. State Represented by The District Collector, Trichy District, Trichy.

2. The Revenue Divisional Officer, Lalgudi Taluk, Trichy District.

3. The Tahsildar, Lalgudi Taluk, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 3rd respondent herein to remove the encroachment in S.No.179/9C5 at Theradi Street, Magizmampadi Village, Lalgudi Taluk, Trichy District in pursuant to the proceedings of the 1st respondent in Na.Ka.No.21/2013 dated 13.06.2013.

For Petitioner : No appearance For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

ORDER

[Order of the Court was made by G.R.SWAMINATHAN, J.] The petitioner seeks a direction for removal of the encroachment said to have been made in public path way in S.No.179/9C5 at Theradi Street, Magizmampadi Village, Lalgudi Taluk, Trichy District.

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2.He would place reliance on the proceedings dated 13.06.2017 issued by the first respondent. Impleading applications have been filed by the private parties and they would oppose the prayer of the writ petitioner. We make it clear that we have not expressed any opinion on the merits of the matter. 3.The third respondent shall conduct a survey of the property. If any encroachment is noticed, the third respondent shall cause its removal after following the statutory procedure within a period of three moths from the date of receipt of a copy of this order. This writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Trichy District, Trichy.

2. The Revenue Divisional Officer, Lalgudi Taluk, Trichy District.

3. The Tahsildar, Lalgudi Taluk, Trichy District.

+1cc to M/S. G.S.ASOK ADHITHYAN, Advocate, SR.No.79434. +1cc to M/S. T.VADIVELAN, Advocate, SR.No.79157. +1cc to Special Government Pleader, SR.No.79331. W.P.(MD)No. 19251 of 2013 14.09.2017 TA/MM SDS/MR:KKR/SAR 2/24.10.2017/2P/7C https://hcservices.ecourts.gov.in/hcservices/