Petitioner sought writ to remove encroachments on a public street. Court disposed petition directing authorities to remove encroachments following due process within 12 weeks.
Direct the authorities concerned to remove the encroachment within 12 weeks after following due process and cleaning the street.
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W.P.(MD) No.5132 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
AND
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD)No.5132 of 2020
G.Saravanan
... Petitioner
-Vs-
... Respondents
Page 1 of 4
PRAYER :
W.P.(MD) No.5132 of 2020
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 3 and 4 to remove the encroachments made by the respondents 5 and 6 on the public street namely Nadu Theru which comprised in S.No.52/20, Ottankulam Village, Tiruchuli Taluk, Virudhunagar District within the time stipulated and put the same at once, into public usage, ensuring obstruction free access of general public.
For Petitioner : Mr.S.Balamurugan For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader. For R6 : Mr.T.Antony Arul Raj For R4 : Mr.C.M.Marichelliah Prabhu
ORDER
[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 respondents 3 and 4 to remove the encroachments made by the respondents 5 and 6 on the public street namely 'Nadu Theru' comprised in S.No. 52/20, Ottankulam Village, Tiruchuli Taluk, Virudhunagar District within a time frame and to ensure that the said street is free from encroachment and for public usage.
Page 2 of 4
W.P.(MD) No.5132 of 2020
2 . Today, when the matter was taken up for hearing, the learned Special
Government Pleader appearing for the respondents 1 to 3 submitted that the encroachment in the place in question, if any, would be removed by the authorities concerned within a time frame, by due process of law, for which, the learned counsel for the petitioner is agreeable.
3 . Recording the above submission, this Writ Petition is disposed of
with a direction to the authorities concerned to remove the encroachment in the place in question, after affording sufficient opportunity to all the parties concerned and by following due process of law and thereafter make the said public street fit for public usage, by cleaning the same. 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.] 09.11.2022
vsm Index : Yes / No Internet : Yes / No
Page 3 of 4
W.P.(MD) No.5132 of 2020
R.MAHADEVAN, J.
AND
J.SATHYA NARAYANA PRASAD, J.
VSM
To
W.P.(MD)No.5132 of 2020
09.11.2022
Page 4 of 4
1 issue framed by the court
Whether writ of mandamus should be issued directing authorities to remove encroachments on a public street.
G.Saravanan
District Collector, Virudhunagar District
Tahsildar, Tiruchuli Taluk
Block Development Officer, Narikudi
President, Veeracholan Village Panchayat
Karuppaiah and Ramamoorthi
R. MAHADEVAN
J.SATHYA NARAYANA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
