The Madurai Bench of Madras High Court directed the Corporation and Assistant Engineer to consider a representation regarding illegal encroachment by a third respondent and remove it within 12 weeks if verified.
Respondents directed to consider representation dated 15.10.2021 and remove illegal construction within 12 weeks if verified.
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.731 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P.(MD) No.731 of 2022 and
W.M.P.(MD) No.578 of 2022
G.Vishvam @ Vishvalingam
... Petitioner
-vs-
1.The Commissioner Madurai Corporation Anna Maligai Madurai-625 002
2.The Assistant Engineer Building & Road Section Madurai Corporation Anna Maligai Madurai-625 002
3.K.Sundar ... 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 take action forbearing the illegal construction and encroachment made by the third
Page 1 of 5
W.P.(MD) No.731 of 2022
respondent against the building rules in the North-South Common pathway comprised in T.S.No.2406/1&2 of Madurai Survey Ward No.1 (Survey Ward No.38), Anuppanadi New Meenakshi Nagar, at Jawahar Road, in New Ramnad Road, Madurai-625 009, considering the representation of the petitioner dated 15.10.2021.
For Petitioner : Mr.V.Nagendran For Respondents : Ms.S.Devasena Standing Counsel for R1 No appearance for R2 & R3
O R D E R
[Order of the Court was made by R.MAHADEVAN, J.]
The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents 1 and 2 to remove the illegal construction and encroachment made by the third respondent in the NorthSouth Common pathway, comprised in T.S.No.2406/1&2 of Madurai Survey Ward No.1 (Survey Ward No.38), Anuppanadi New Meenakshi Nagar, Jawahar Road, in New Ramnad Road, Madurai-625 009, based on the petitioner's representation dated 15.10.2021.
Page 2 of 5
W.P.(MD) No.731 of 2022
2. The grievance of the petitioner is that though he made a representation to the respondents 1 and 2 as early as on 15.10.2021 seeking removal of the illegal construction and encroachment made by the third respondent in the aforesaid survey number, till date the same has not been considered.
3. The learned Standing Counsel appearing for the first respondent, on instructions, submitted that the petitioner's representation dated 15.10.2021 would be considered and appropriate action would be taken, in accordance with law.
4. In view of the above, without going into the merits of the claim made by the petitioner, the respondents 1 and 2 are directed to consider the petitioner's representation dated 15.10.2021 and pass appropriate orders, if not already disposed of, on merits and in accordance with law. If there is any illegal construction and encroachment as pointed out by the petitioner, the same shall be removed, after giving due notice to all the parties concerned and by following due process of law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
Page 3 of 5
W.P.(MD) No.731 of 2022
5. With the above direction, this writ petition is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
28.10.2022
Index : Yes / No Internet : Yes / No
krk
Page 4 of 5
W.P.(MD) No.731 of 2022
R.MAHADEVAN, J. and J.SATHYA NARAYANA PRASAD, J.
krk
W.P.(MD) No.731 of 2022 and W.M.P.(MD) No.578 of 2022
28.10.2022
_____________ Page 5 of 5_
1 issue framed by the court
Whether the respondents are directed to consider the petitioner's representation regarding illegal encroachment.
1 provisions across 1 enactments
G.Vishvam @ Vishvalingam
Commissioner Madurai Corporation
Assistant Engineer Building & Road Section Madurai Corporation
K.Sundar
R.Mahadevan
J.Sathya Narayana Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
