Writ petition under Article 226 sought direction to remove temple encroachment. Court noted encroachment was removed; directed third respondent to avoid future road encroachment.
The writ petition was disposed of. A direction issued to the third respondent not to put up any construction encroaching the road in the future.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.14103 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI
W.P.(MD) No.14103 of 2019 and W.M.P.(MD) No.10580 of 2019
M.Maruthan
... Petitioner
-vs-
Tiruchi-620 001
Highways Office Complex
Sengulam Colony
Tiruchi-620 021
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 and 2 to remove the encroachment made by the third respondent by putting up a temple which is ongoing in K.Sathanur Street in front of the petitioner's house and opposite to Vasan Medical Hall near Subramania Nagar, Trichi.
For Petitioner : Mr.A.Sankararama Subramanian
For Respondents : Mr.M.Murugan
Government Advocate for R1 & R2
Mr.R.Venkatesan for M/s.Right Law Associates for R3
O R D E R
[Order of the Court was made by T.S.SIVAGNANAM, J.]
The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 and 2 to remove the encroachment made by the third respondent by putting up a temple in front of the petitioner's house and opposite to Vasan Medical Hall https://hcservices.ecourts.gov.in/hcservices/ near Subramania Nagar, Trichi.
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W.P.(MD) No.14103 of 2019
2. Mr.M.Murugan, learned Government Advocate, appearing for the respondents 1 and 2, on instructions, submitted that the offending construction and encroachments have been fully removed. This submission is recorded.
3. The officer in-charge is also present in the Court and produced some photographs.
4. In view of the above, the writ petition is disposed of. However, there will be a direction to the third respondent that at no point of time, he shall put up any construction encroaching the road. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar // True Copy //
Sub Assistant Registrar(CS )
To
+1 CC to M/s.RIGHT LAW ASSOCIATES, Advocate ( SR-93673[F] dated 22/10/2019 )
+1 CC to Mr.A.SANKARARAMASUBRAMANIYAN, Advocate ( SR-93988[F] dated 23/10/2019 )
+1 CC to Spl.GP ( SR-94075[F] dated 23/10/2019 )
W.P.(MD) No.14103 of 2019 and W.M.P.(MD) No.10580 of 2019 22.10.2019
krk
MK (04.11.2019) 2P 6C
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M.Maruthan
The District Collector of Trichy District
The Divisional Engineer / Engineer in Charge, K.Sathanur Salai
P.Sami Ayya
T.S.SIVAGNANAM
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
