Single judge order in a writ petition under Article 226 seeking injunction against private construction. Court directed the Tahsildar to consider the petitioner's representation and remove encroachment if found within three months.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 03.08.2017
CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.12914 of 2014
C.Malarkodi ... Petitioner
Vs.
Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus forbearing the respondents 4 and 5 from putting up any construction in Survey No.654/1B20, Pallavarayanpatti hamlet, Pannaipuram Village, Uthamapalayam Taluk, Theni District and consequently direct the respondents 1 to 3 to remove the hollow block wall constructed by the respondents 4 and 5 in the said public street.
For Petitioner : Mr.J.Barathan For Respondents : Mr.M.Govindan, Spl.GP for RR1 to 3 Mr.RR.Kannan for RR4 & 5
O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J. )
The writ petitioner seeks a direction for forbearing the respondents 4 and 5 from putting up any construction in Survey https://hcservices.ecourts.gov.in/hcservices/ No.654/1B20, Pallavarayanpatti hamlet, Pannaipuram Village, Uthamapalayam Taluk, Theni District. A consequential direction is
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sought for directing the authorities to remove the hollow block wall stated to have been constructed by the private respondents herein in the said public street.
2.The petitioner has submitted a representation dated 13.06.2014 to the official respondents. This Court therefore directs the third respondent to consider the said representation dated 13.06.2014. If the third respondent finds that any encroachment has been committed on a public street, the third respondent shall cause its removal after due notice to the respondents 4 and 5 and other encroachers if any. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
3.This writ petition is disposed of accordingly. No costs.
Sd/-
Assistant Registrar(CS-III)
/True Copy/
Sub Assistant Registrar
To
+1cc to M/S. T.R.JEYAPALAM, Advocate, SR.No.70724. +1cc to M/S. RR.KANNAN, Advocate, SR.No.70114.
W.P(MD)No.12914 of 2014 03.08.2017
Skm / Arul SDS/SKN:RSK/SAR 2/04.09.2017/2P/6C
2 issues framed by the court
Whether the petitioner is entitled to a writ of mandamus forbidding private respondents from construction in a public street.
Whether the authorities are directed to remove an alleged encroachment on a public street.
C.Malarkodi
The District Collector, Theni District
The Revenue Divisional Officer, Uthamapalayam
The Tahsildar, Uthamapalayam
P.Rajendran
P.Manikandan
G.R.Swaminathan
K.K.Sasidharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
