Madras High Court
WP/34062/2017 of M.P.Vijayan Vs The District Collector on 28 December 2017
COURT OF JUDICATURE AT MADRAS DATED 28.12.2017 CORAM THE HONOURABLE
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 28.12.2017
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH
AND
THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN
W.P.No.34062 of 2017 andWMP.NOs.37793 and 37794 of 2017M.P.Vijayan ..PetitionerVs1. The District Collector, Thiruvallur District, Thiruvallur.2. Minjur Town Grade Panchayat rep. by its Executive Officer, Thiruvallur District. ..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 2[nd ]respondent in their Notice vide Na.Ka.No.153/2017/A2 dated 14.12.2017 for removal of encroachment in Ward No.13, Manikandan Avenue, Minjur Town Grade Panchayat, Ponneri Taluk, Thiruvallur District and quash the same and direct the respondents to forbear them from in anyway interfering with the petitioner's peaceful possession and enjoyment of the property at No.43, DVS Road (Kattur Road), Manikandan Avenue, Minjur, Ponneri Taluk, Thiruvallur District, in any manner, particularly, by way of dispossession or demolition.
2
For Petitioner:
Mr.G.Mohanakrishnan
For 1[st] Respondent :Mr.T.M.Pappiah,Special Government Pleader
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ORDER
[Order of the Court was made by M.S.RAMESH, J.]
With the consent of both parties, the Writ Petition itself is taken up for final disposal.
2. Aggrieved against the Notice in Na.Ka.No.153/2017/A2 dated 14.12.2017 issued by the 2[nd] respondent, whereby the petitioner was called upon to remove the encroachment in Ward No.13, Manikandan Avenue, Minjur Town Grade Panchayat, Ponneri Taluk, Thiruvallur District, the present Writ Petition has been filed.
3. Though a larger prayer has been made in the writ petition, when the matter is called today, the learned Counsel appearing for the petitioner submitted that the petitioner would be satisfied, if his representation dated 20.12.2017 is directed to be considered by the 2[nd] respondent on merits.
4. Heard the learned Special Government Pleader appearing for the respondents.
the petitioner, there shall be a direction to the 2[nd] respondent to consider the representation of the petitioner dated 20.12.2017 on its own merits and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this Order.
6. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
[M.S.R.,.J.] [G.R.S.J.,]
28.12.2017
Index: YesInternet: YestsiTo1. The District Collector, Thiruvallur District, Thiruvallur.
2. Executive Officer, Minjur Town Grade Panchayat, Thiruvallur District.
M.S.RAMESH, JANDG.R.SWAMINATHAN,J.
W.P.No.34062/201728.12.2017