1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD).No.1541 of 2011 and M.P.No.1 of 2011 Lalitha : Petitioner Vs. 1.The District Collector, Tiruchirappalli District. 2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.25, Developed Plots, Thuvakudi, Trichy 620 015. 3.The Commissioner, Tiruchirappalli Corporation, Tiruchirappali 620 001. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to remove the Wood Work run in the name of "Welcome Wood Works" at Plot No.67/D1, Sathyamurthy Street, Sentannirpuram, Trichy -4 forthwith within a reasonable time. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.R.Janakiramalu Special Government Pleader O 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 Mandamus directing the respondents herein to remove the Wood Work run in the name of "Welcome Wood Works" at Plot No.67/D1, Sathyamurthy Street, Sentannirpuram, Trichy -4. 2. It is seen from the records that the third respondent has already issued a notice dated 25.10.2010 to one Sultan Mohammed directing him to remove the Wood Work run by him in the name and https://hcservices.ecourts.gov.in/hcservices/ 2 style of "Welcome Wood Works" and shift the same in an appropriate place. The said notice dated 25.10.2010 issued by the third respondent is enclosed at Page No.8 of the typed set of papers filed by the petitioner. Even though the petitioner seeks eviction of the said alleged encroachment made by the said Sultan Mohammed, the petitioner has not impleaded the said Sultan Mohammed as a party respondent in the Writ Petition. Hence, the Writ Petition cannot be entertained, due to non – jointer of necessary party in the Writ Petition. 3. In the result, the Writ Petition is dismissed. However, if the petitioner is willing to file a fresh Writ Petition, it is for her to do so, by impleading proper and necessary parties. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Tiruchirappalli District. 2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.25, Developed Plots, Thuvakudi, Trichy 620 015. 3.The Commissioner, Tiruchirappalli Corporation, Tiruchirappali 620 001. +1 CC to Special Government Pleader (SR.No.5425) ORDER MADE IN W.P.(MD).No.1541 of 2011 09.02.2011 NB NSV/23.2.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/