Disposed

Selvajothi.D v. the District Collector

Madras HC15 Nov 2022WP(MD)/1781/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition filed under Article 226. The court directed the Corporation Commissioner to consider the petitioner's representation regarding encroachments on public land and remove any illegal constructions within 12 weeks following due process.

What did the court decide?

Direction to the 2nd Respondent to remove encroachments and unauthorized constructions within 12 weeks following due process.

Selvajothi.D Vs the District Collector — Public Procurement and Tenders | Madras HC (2022)

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W.P.(MD) No.1781 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 15.11.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE R.MAHADEVAN

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and

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THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

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W.P.(MD) No.1781 of 2022

D.Selvajothi

... Petitioner

Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

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2.The Commissioner of Corporation, Thoothukudi Corporation, Thoothukudi.

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3.Periyasamy

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4.Jegadeesan

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5.Dhanasekaran ... Respondents

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.1781 of 2022

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PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2^nd Respondent to consider the Petitioner's representation dated 25.03.2021 and to take appropriate action as against the Respondents 3 to 5 and to remove encroachment by way of illegal and unauthorized construction made by them on the public road in T.S.No. 3459/1A1, Ward 40, Town Survey Ward 4, Block 21 comes under 2^nd Respondent Corporation within the time stipulated by this Hon'ble Court.

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For Petitioner : Mr.M.Karuppasamy For Respondents : Mr.V.Nirmal Kumar, Government Advocate for R1 Mr.N.Ananda Kumar for R2 Mr.P.Pethurajesh for R3

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O R D E R

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[Order of the Court was made by R.MAHADEVAN, J.]

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This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the 2^nd Respondent to consider the petitioner's representation dated 25.03.2021 seeking to take appropriate action as against the respondents 3 to 5 and to remove encroachment by way of illegal and unauthorized construction

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.1781 of 2022

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made by them on the public road in T.S.No. 3459/1A1, Ward 40, Town Survey Ward 4, Block 21, which comes under the control of the 2^nd respondent Corporation, within a time frame.

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2 . It is the claim of the petitioner that the respondents 3 to 5 have encroached upon the public road in the aforesaid survey number by putting up illegal and unauthorized construction and in this regard, though the petitioner made a representation on 25.03.2021, seeking to remove the said encroachment, till date, it has not been removed. Hence, the petitioner has filed this Writ Petition.

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3 . The learned Government Advocate appearing for the first respondent and the learned Standing Counsel appearing for the second respondent submitted that the representation of the petitioner dated 25.03.2021 would be considered by the respondents and appropriate action will be taken to remove the encroachment, if any, in the place in question by due process of law within a time frame, for which, the learned counsel for the petitioner is agreeable.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.1781 of 2022

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4 . Recording the above submissions, this Writ Petition is disposed of with

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a direction to the second respondent to consider and dispose of the representation of the petitioner dated 25.03.2021, on merits and in accordance with law. If there is any encroachment as well as any unauthorized constructions in the place in question, the second respondent shall remove the same, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs.

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[R.M.D., J.] [J.S.N.P., J.]

vsm

15.11.2022

Page 4 of 6

https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.1781 of 2022

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1.The District Collector, Thoothukudi District, Thoothukudi.

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2.The Commissioner of Corporation, Thoothukudi Corporation, Thoothukudi.

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Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.1781 of 2022

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R.MAHADEVAN, J. and J.SATHYA NARAYANA PRASAD, J.

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vsm

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W.P.(MD) No.1781 of 2022

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15.11.2022

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_____________ Page 6 of 6_

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https://www.mhc.tn.gov.in/judis

Selvajothi.D v. the District Collector

Case brief

What is this about?

What did the court decide?

Selvajothi.D v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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