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C.Ramprakash vs The District Collector, Sivaganga District, & Ors.

Madras High Court · Decided on 3 February 2017 · Citation: (2017) 02 MAD CK 0215

HON’BLE JUDGES
A.Selvam, P.Kalaiyarasan
ACTS & SECTIONS REFERRED
<a href=3998>Constitution of India</a>, <a href=3998-226>Article 226</a> - Power of High Courts to Issue certain writs
RESULT
Allowed
CASE NUMBER
1888 of 2017
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Judgment

7 paragraphs · 344 words
1.

This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents 1 to 4 to remove encroachments which are in existence in T.S.No.1237, Ward No.2, Block No.21, Karaikudi, Sivaganga District, by way of issuing a writ of mandamus.

2.

It is averred in the petition that the petitioner is a resident of Karaikudi, wherein T.S.No.1237 has been classified as a street. The respondents 5 to 8 have made certain encroachments. Under the said circumstances, a representation has been given on 04.03.2013 and no action has been taken and therefore the present writ petition has been filed for getting the relief sought therein.

3.

Mr.M.Govindan, learned Special Government Pleader, has taken notice for the respondents 1 to 3. Mr.P.Mahendran, learned counsel, has taken notice for the fourth respondent. Considering the nature of the relief sought in the writ petition, notice need not be sent to the respondents 5 to 8.

4.

The specific case of the petitioner is that T.S.No.1237, Karaikudi Town has been classified as a street and the respondents 5 to 8 have encroached a portion of the same.

5.

It is seen from the records that already a writ petition in W.P(MD)No.8809 of 2013 has been filed on the file of this Court and the same has been disposed of by way of giving necessary direction to consider the representation alleged to have been given by the petitioner. In the said writ petition, the concerned authority has filed a counter, wherein it has been clearly admitted to the effect that encroachments are in existence in T.S.No.1237.

6.

Considering the aforesaid factual aspects and also considering the fact that T.S.No.1237, Ward No.2, Block No.21, Karaikudi has been classified as a street, this Court is inclined to pass the following order.

7.

In fine, this writ petition is allowed without costs and the fourth respondent is strictly directed to remove encroachments which are in existence in T.S.No.1237, Ward No.2, Block No.21, Karaikudi, Sivaganga District under due process of law within a period of two months.