S.Maridoss v. The Commisssioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.9898 of 2013 and MP(MD) No.1 of 2014 S.Maridoss Procurator, Society of St.Joseph's College, Trichy.

... Petitioner Vs.

1. The Commissioner, Tiruchirappalli City Corporation, Cantonment, Tiruchirappalli.

2. The Divisional Engineer, Tamil Nadu State Highways Department, Tiruchirappalli Division, Subramaniyapuram, Tiruchirapalli 20.

3. M.R.Rajmohan

4. A.Hasinia Bebe (died)

5. G.Raman

6. Asha Devi

7. Jeyalakshmi

8. M.D.Chinnadurai

9. R.Alagarsamy 10.R.Alagarsamy 11.P.Singaravelu 12.Mariya Arockiyam (R-3 to R12 were impleaded vide order dated 24.07.2013 in M.P.No.1/2013) 13.Mahoob Jan 14.A.Nowsath Begam 15.A.Asraf Jan 16.A.Piyare Jan (R-13 to R16 impleaded as LRs of R-4 vide order dated 04.06.2014 in M.P.(MD)No.2 of 2013) ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider and pass order on the representation dated

28/03/2013 and remove all the encroachments, petty shops made in the Chattiram bus stand, Trichy to karur main road (opposite to water tank)Srirangam zone Tiruchirappalli City Corporation. For Petitioner : M.Subash Babu for Mr.A.Chandrakumar For 2nd Respondent : Mr.K.Chellapandian,AAG assisted by Mr.A.K.Baskarapandian, Special Government Pleader.

For Respondents 1& 3-16 : No appearance

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) The grievance of the petitioner appears to be that there is some unauthorised encroachments in Trichy to karur main road (opposite to water tank) Srirangam zone.

2.The learned counsel appearing for the petitioner submits that the petitioner has given a representation on 28.03.2013 with regard to removal of the said encroachment and the same has not been considered so far.

3.Without going into the merits of the petitioner's claim, the respondents 1 and 2 are directed to verify the nature of the complaint made by the petitioner and consider the representation of the petitioner dated 28.03.2013 on its own merit and in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned is free to deal with the matter on its own merit as per law.

4. With the above direction, this writ petition stands disposed of. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

1. The Divisional Engineer, Tamil Nadu State Highways Department, Tiruchirappalli Division, Subramaniyapuram, Tiruchirapalli 20.

2. The Commissioner, Tiruchirappalli City Corporation, Cantonment, Tiruchirappalli.

+ 1 CC TO MR.A.CHANDRAKUMAR, ADVOCATE IN SR NO. 54914 + 1 CC TO MR.L.MADHUSUDHANAN, ADVOCATE IN SR NO. 55249 + 1 CC TO MR.S.VANCHINATHAN, ADVOCATE IN SR NO. 55077 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 55188 + 4 CC TO MR.KANDHAVADIVELAN, ADVOCATE IN SR NO. 55021 MJ TE/NGM-SS/SAR-I 23/09/2015 2P/11C Writ Petition (MD) No.9898 of 2013 16.09.2015