This order disposed of a writ petition seeking a mandate to remove illegal encroachment on a public road by directing relevant authorities to issue notices and take action within three months.
Directions issued to respondent Nos.3 to 5 to issue notice to encroachers and take action within three months.
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.4004 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2021
CORAM
THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.P.(MD)No.4004 of 2021
S.Palaniyappan ... Petitioner
Vs.
1.The District Collector, District Collector's Office, Trichy – 1, Trichy District. 2.The Revenue Divisional Officer (RDO), District Collector's Office Campus, Trichy – 1, Trichy District. 3.The Tahsildar, Taluk Office (West), Trichy, Trichy District. 4.The Commissioner, Trichy City Corporation, Cantonment, Trichy District. 5.The Assistant Commissioner, Trichy City Corporation, K.Abhishekapuram Zonal Office, Trichy District. 6.P.Sithan 7.Subramani ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the 3 to 5 respondents herein to take appropriate steps as against the illegal encroachment committed by 6th and 7th respondents herein on the public road situated at Trichy District, Srirangam Taluk, Uyyakondan Thirumalai, Kodappu, Subburaj Street, in the light of petitioner's representation dated 17.06.2020 within a stipulated period as may be fixed by this Hon'ble Court.
For Petitioner : Mr.R.Sundar
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W.P.(MD)No.4004 of 2021
ORDER
(Order of the Court was made by T. S. SIVAGNANAM, J.)
The writ petition has been filed, seeking for issuance of a Writ of Mandamus, directing respondent Nos.3 to 5 herein to take appropriate steps as against the illegal encroachment committed by respondent Nos.6 and 7 herein on the public road situated at Trichy District, Srirangam Taluk, Uyyakondan Thirumalai, Kodappu, Subburaj Street, in the light of petitioner's representation dated 17.06.2020 within a time frame.
2.Learned Additional Government Pleader appearing for respondent Nos.1 to 3 on written instructions from the Tahsildar, Tiruchirappalli West, submitted that there is an encroachment.
3.If that so, notice shall be given to the encroachers and after affording them sufficient opportunity, necessary action be taken in accordance with law as expeditiously as possible, preferably within three months from the date of receipt of a copy of this order.
4.The Writ Petition is disposed of with the above directions. No costs.
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ASSISTANT REGISTRAR ( RECORDS )
sj
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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W.P.(MD)No.4004 of 2021
To
1.The District Collector, District Collector's Office, Trichy – 1, Trichy District. 2.The Revenue Divisional Officer (RDO), District Collector's Office Campus, Trichy – 1, Trichy District. 3.The Tahsildar, Taluk Office (West), Trichy, Trichy District. 1CC TO MR. K.S.KATHIRAVAN, ADVOCATE SR 16888 1CC TO THE SPL GOVT PLEADER SR 16687 1CC TO MR. SAJI BINO, ADVOCATE SR16834 TR 03/05/2021 3P/7C
W.P.(MD)No.4004 of 2021
19.04.2021
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1 issue framed by the court
Whether the learned court can direct the respondent authorities to take necessary action against illegal encroachment on a public road.
1 provisions across 1 enactments
S. Palaniyappan
District Collector
Revenue Divisional Officer (RDO)
Tahsildar
Commissioner, Trichy City Corporation
Assistant Commissioner, Trichy City Corporation
T. S. SIVAGNANAM
S. ANANTHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
