Single Judge disposed of PIL seeking Mandamus to drive encroachments in Survey No.600/1. Court directed Commissioner to consider earlier representation and remove encroachment within 12 weeks after due process.
Direction to first respondent to remove encroachments within 12 weeks after affording opportunity to all parties concerned.
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.342 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD) No.342 of 2020
F.Selvin Julius
... Petitioner
-vs-
Tuticorin District.
Tuticorin District.
Tuticorin District.
Page 1 of 6
4.The Inspector of Police, East Police Station Kovilpatti, Kovilpatti, Tuticorin District.
W.P.(MD) No.342 of 2020
5.Durairaj
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to remove all the encroachments made by the 5th respondent or any other person in the public Path way leading to Survey No.600/1, Ward No. 32, Vakil Street, Kovilpatti Town, Tuticorin District.
For Petitioner : Mr.Chamundi Bose For Respondents : Mr.P.Srinivas (For R1) Mr.P.Thilak Kumar Government Pleader (For R2 & R3) Mr.T.Senthil Kumar Additional Public Prosecutor (For R4) Mr.R.Karunanidhi (For R5)
O R D E R
[Order of the Court was made by R.MAHADEVAN, J.]
This writ petition has been filed for issuance of a Writ of Mandamus,
directing the first respondent to remove all the encroachments made by the 5th
Page 2 of 6
W.P.(MD) No.342 of 2020
respondent or any other person in the public pathway in Survey No.600/1, Ward No. 32, Vakil Street, Kovilpatti Town, Tuticorin District.
2 . The learned counsel appearing for the petitioner submitted that though the petitioner made a representation on 14.10.2019 to the first respondent seeking to remove the aforesaid encroachment, till date, no steps have been taken by the respondents to remove the same. Hence, the petitioner has filed this Writ Petition.
3 . The learned Government Pleader appearing for the respondents 2 and 3 submitted that the representation of the petitioner dated 14.10.2019 would be considered by the official respondents and appropriate action will be taken to remove the encroachment, for which, the learned counsel for the petitioner is agreeable.
4 . Recording the above submission, this Writ Petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 14.10.2019, on merits and in accordance with law, if not considered earlier.
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W.P.(MD) No.342 of 2020
If there is any encroachment, the first 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.
[R.M.D., J.] [J.S.N.P., J.] 19.10.2022
Index : Yes / No Internet : Yes / No
_____________ Page 4 of 6_
W.P.(MD) No.342 of 2020
TO:
Page 5 of 6
W.P.(MD) No.342 of 2020
R.MAHADEVAN, J. and J.SATHYA NARAYANA PRASAD, J.
Vsm
W.P.(MD) No.342 of 2020
19.10.2022
_____________ Page 6 of 6_
2 issues framed by the court
Whether the first respondent is directed to remove encroachments in the public pathway at Survey No.600/1, Ward No. 32, Vakil Street, Kovilpatti?
Whether an opportunity must be afforded to parties concerned before removing encroachments under the direction?
F. Selvin Julius
The Commissioner, Municipal Office, Kovilpatti
The Town Planning Officer, Town and Country Planning Department, Kovilpatti
The Head Surveyor, District Town Survey Department, Kovilpatti
The Inspector of Police, East Police Station Kovilpatti
Durairaj
R. Mahadevan
J. Sathya Narayana Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
