Shanthi. R v. The Joint Commissioner/Executive Officer

ORDER (Order of the Court was made by S.S.SUNDAR, J.) This writ petition is filed for a writ of mandamus directing the respondent to remove the encroachment made in the East West Lane situates in Southern side of S.No.874 and North South Lane situates in Western side of S.No.875 in Block-20, Ward-3, Sannathi Street, Adivaram, Palani Town, Dindigul District.

¶2The petitioner though alleges that a public road is encroached by several individuals by putting up shops, the petitioner has not impleaded any of the alleged encroachers.

¶3The learned Standing counsel appearing for the respondent states that the petitioner himself is an encroacher.

¶4Under these circumstances, this Court is not inclined to entertain the writ petition and the writ petition is dismissed on the short ground for non-joinder of necessary parties. However, leave it open to the respondent to file a fresh writ petition after impleading the alleged encroacher. No costs. [S.S.S.R., J.] [D.B.C., J.]

16.08.2023 Index : Yes / No NCC : Yes/No am

...

S.S.SUNDAR, J. and D.BHARATHA CHAKRAVARTHY

, J.

am W.P(MD)No.19850 of 2023

16.08.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2023 CORAM: THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)No.19850 of 2023 R.Shanthi ... Petitioner Vs. The Joint Commissioner/Executive Officer, Arulmigu Thandayuthapani Swamy Temple, Palani, Dindigul District. ... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent to remove the encroachment made in the East West Lane situates in Southern side of S.No.874 and North South Lane situates in Western side of S.No.875 in Block-20, Ward-3, Sannathi Street, Adivaram, Palani Town, Dindigul District. For Petitioner :Mr.N.Mohan For Respondent :Mr.K.Govindrajan Standing Counsel ***