Judgment · High Court
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1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 09.02.2011CORAM:THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMARANDTHE HONOURABLE MR.JUSTICE R.SUBBIAHW.P.(MD).No.1502 of 2011K.M.Nallakaruppan : Petitioner Vs.
The District Collector, Pudukkottai District, Pudukkottai.
The Assistant Divisional Engineer (HW), Thirumayam Taluk, Pudukkottai District.
The Tahsildar, Thirumayam Taluk, Pudukkottai District.
The Assistant Engineer (HW), Thirumayam Taluk, Pudukkottai District. : RespondentsPRAYER: Writ Petition is filed under Article 226 of the Constitutionof India praying to issue a Writ of Mandamus directing the respondents to carry out the eviction of encroachment in the Highwaysat Namanasamudram – Ponnamaravathi Highways Road under the control and maintenance of Thirumayam Highways Divisional Office between 9/4and 12/0 KM situate at Namanasamuthram in the Revenue Village of Thekkatur, Thirumayam Taluk, Pudukkottai District. For Petitioner: Mr.N.BalakrishnanFor Respondents: Mr.R.Janakiramalu Special Government PleaderO R D E R[Order of the Court was made BY N.PAUL VASANTHAKUMAR, J]The prayer in the Writ Petition is for issuing a Writ of Mandamusdirecting the respondents to carry out the eviction of encroachment in the Highways at Namanasamudram – Ponnamaravathi Highways Road https://hcservices.ecourts.gov.in/hcservices/ 2under the control and maintenance of Thirumayam Highways DivisionalOffice between 9/4 and 12/0 KM situate at Namanasamuthram in the Revenue Village of Thekkatur, Thirumayam Taluk, Pudukkottai District.
2. It is seen from the records that on 20.10.2010, the AssistantEngineer Highways, Thirumayam Taluk, Pudukkottai District, the fourth respondent herein, sought for co-operation of the PanchayatCouncillors for evicting the encroachment. According to the petitioner, a portion of the encroachment is evicted and remaining portions are yet to be evicted. In this regard, the petitioner has also submitted a representation on 16.12.2010 before the fourth respondent, who is the competent authority, by Registered Post, which was acknowledged by the fourth respondent on 20.12.2010.3. In the light of the pendency of the representation before the fourth respondent right from 20.12.2010 onwards, the Writ Petition isdisposed of with a direction to the fourth respondent to consider the representation of the petitioner dated 16.12.2010 and initiate appropriate action in accordance with law for the purpose of evicting the encroachment, after giving notice to the encroachers, who are likely to be affected.
No costs. Sd/-Deputy Registrar(LA)/True Copy/Assistant RegistrarTo1.The District Collector, Pudukkottai District, Pudukkottai. 2. The Assistant Divisional Engineer (HW), Thirumayam Taluk, Pudukkottai District. 3. The Tahsildar, Thirumayam Taluk, Pudukkottai District. 4. The Assistant Engineer (HW), Thirumayam Taluk, Pudukkottai District.+1cc to Mr.N.Balakrishnan, Advocate, Sr.No.5031+1cc to the Special Govt. Pleader, Sr.No. 5423nbssk/14.02.2011 /7c -2p/- ORDER MADE INW.P.(MD).No.1502 of 201109.02.2011
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