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Mr.K.Nachiappan vs The District Collector

Madras High Court|14 February, 2017

JUDGMENT / ORDER

[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 and 2 to remove encroachments alleged to have been made by the third respondent in 100 Feet Road, Soodamanipuram, Karaikudi ? 3, by way of issuing a writ of mandamus.
2.Mr.D.Muruganandam, learned Additional Government Pleader, has taken notice for the first respondent and Mr.P.Mahendran, learned counsel, has taken notice for the second respondent. Considering the nature of the relief sought in the writ petition and also considering the contention putforth on the side of the petitioner, notice need not be sent to the third respondent.
3.It is seen from the records that the petitioner has given representations to the concerned authorities with regard to alleged encroachments, but no action has been taken.
4.The main contention putforth on the side of the petitioner is that in 100 Feet Road, the third respondent has made certain encroachments.
5.Considering the contention putforth on the side of the petitioner, this Court is inclined to pass the following order.
6.In fine, this writ petition is allowed without costs and the second respondent viz., Commissioner, Karaikudi Municipality, Sivagangai District is directed to look into the representation alleged to have been given by the petitioner and if there is any objectionable encroachment in the place mentioned in the representation, directed to remove the same under due process of law within a period of two months.
To
1.The District Collector, O/o.District Collectorate, Sivagangai District.
2.The Commissioner, Karaikudi Municipality, Karaikudi, Sivagangai District.
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Title

Mr.K.Nachiappan vs The District Collector

Court

Madras High Court

JudgmentDate
14 February, 2017