Writ petition sought direction to the Madurai Corporation to consider the petitioner's representation to evict an alleged encroachment on his property. The court found the petition lacked particulars of survey number and dismissed it, granting liberty to make a fresh representation with full details.
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W.P.(MD) No.1950 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.1950 of 2024
T.Thangam @ Mayandi
... Petitioner
-Vs-
1.The District Collector, Madurai Collectorate Office, Madurai District.
Madurai Corporation, Anna Maligai, Melur Road, Madurai District.
3.The Tahsildar, Tahsildar Office, Madurai West Taluk, Madurai District.
4.M.Ukkirapandian 5.M.Balu ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to consider the petitioner's representation dated 28.12.2023 to evict the encroachment of southern side property and also preventing the unlawful activities thus by giving safety to the
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W.P.(MD) No.1950 of 2024
public (by way of sale deed in document No.781/2011, dated 02.03.2011). The said property is situated in Ayan Ponmeni Village, Theni Road, Madurai South District.
For Petitioner : M/s.S.Aysha Begum For R1 & R3 : Mr.V.Nirmal Kumar, Government Advocate For R2 : Mr.K.Sivabalan, Standing Counsel For R4 & R5 : Mr.R.Pon Karthikeyan
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J. ]
This Writ Petition is filed, seeking for a direction to the 2nd respondent
to consider the petitioner's representation dated 28.12.2023 to remove the encroachment made in the southern side of the property, situated in Ayan Ponmeni Village, Theni Road, Madurai South District and also to prevent the unlawful activities by giving safety to the public.
2.On perusal of the records available before this Court, it is seen that the petitioner has not mentioned the survey number, in which the encroachment has been made, but has impleaded the respondents 4 and 5, which has been disputed by the learned counsel appearing for the respondents 4 and 5 by stating that the
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W.P.(MD) No.1950 of 2024
respondents 4 and 5 are running grocery shop in their patta land. Therefore, this
Writ Petition is dismissed for bereft of particulars. However, the petitioner is at
liberty to make a fresh representation before the authority concerned by giving all
the details and particulars of the land, in which encroachment has been made. No costs.
[D.K.K., J.] & [R.V., J.] 27.02.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
Yuva
To
1.The District Collector, Madurai Collectorate Office, Madurai District.
2.The Tahsildar, Tahsildar Office, Madurai West Taluk, Madurai District.
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W.P.(MD) No.1950 of 2024
D.KRISHNAKUMAR, J. AND R.VIJAYAKUMAR , J.
Yuva
W.P.(MD)No.1950 of 2024
27.02.2024
Page 4 of 4
1 issue framed by the court
Whether the Corporation could be directed to consider a representation to evict encroachment on the petitioner's property.
1 provisions across 1 enactments
T.Thangam @ Mayandi
The District Collector, Madurai Collectorate Office, Madurai District
The Commissioner, Madurai Corporation
The Tahsildar, Tahsildar Office, Madurai West Taluk, Madurai District
M.Ukkirapandian
M.Balu
D.Krishnakumar
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
