Shajahan Vs The Municipality Commissioner

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent nos.1 to 3 to conclude the enquiry within the reasonable time framed by this Hon'ble Court in Na.Ka.number.457/2024/E4 dated 03.01.2025.

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For Petitioner : Mr.J.Senthil Kumar

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For R1 to R3 : Mrs.K.Malathi Additional Government Pleader

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1/4

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

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W.P.(MD)No.20317 of 2025

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ORDER

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The petitioner herein seeks a direction to the respondents to

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conclude the enquiry and pass orders in e/f/vz;:457/2024/,4 dated 03.01.2025.

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Heard the learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader who takes notice for the respondents.

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By consent of both the parties, the writ petition is taken up for final disposal at the stage of admission itself.

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According to the petitioner, the 2^nd respondent in his

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communication in e/f/vz;:457/2024/,4 dated 03.01.2025 informed the 3^rd respondent that the petitioner has encroached the portion of the 3^rd respondent's land and requested him to remove the encroachment. However, till date the 3^rd respondent has not conducted any enquiry and taken further action. Therefore, the petitioner has come before this Court.

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2/4

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

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the 3 rd

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W.P.(MD)No.20317 of 2025

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The learned counsel appearing for the petitioner would submit if

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the 3^rd respondent conducts enquiry and finds there is an encroachment by the petitioner in the land belongs to the 3^rd respondent, the petitioner has no objection for removal of encroachment. In view of the pendency of the proceedings before the 3^rd respondent, the petitioner is not able to renovate his house by spending money.

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In view of the same, the 3^rd respondent is directed to consider the communication of the 2^nd respondent dated 03.01.2025 in e/f/vz;: 457/2024/,4 and conduct proper enquiry and pass final orders on its own merits within a period of twelve (12) weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner.

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