K.Ramamoorthy v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2019 CORAM :

THE HON'BLE MRS.V.K.TAHILRAMANI, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.DURAISWAMY W.P. No.202 of 2019 and W.M.P.No.216 of 2019 K.Ramamoorthy ... Petitioner Vs.

1.The District Collector, Office of the Collectorate, Chennai - 1.

2.The District Revenue Officer, Chennai.

3.The Tahsildar, Aminjikkarai, Chennai - 29.

4.The Executive Engineer, WRO, PWD, Coovum Division, Chennai.

5.The Commissioner, Corporation of Chennai.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of mandamus forbearing the respondents 1 to 5 from dispossessing or dislodging the petitioner from the premises at Plot No.7 Part of No.6, Nathamuni Reddy Street, T.S.No.36/6, Block No.3 of Naduvakkarai Village, Anna Nagar, Chennai - 40 which are borne out by revenue records, planning permission and building plan therein. For Petitioner : Ms.N.R.Jasmine Padma For Respondents: Mr.V.Jayaprakash Narayanan, Government Pleader (i/c) (R1 to R4) Mr.R.Arunmozhi (R5)

O R D E R

(Order of the Court made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of mandamus forbearing the respondents 1 to 5 from dispossessing or dislodging the petitioner from the premises at Plot No.7 Part of No.6, Nathamuni Reddy Street, T.S.No.36/6, Block No.3 of Naduvakkarai Village, Anna Nagar, Chennai - 40 which are borne out by revenue records, planning permission and building plan.

2.It is the case of the petitioner that the 4th respondent had issued notice under Section 7 of the Tamil Nadu Land Encroachment Act calling upon the petitioner to give his reply. Accordingly, the petitioner has given his reply dated 13.09.2017 to the 4th respondent. Now, the petitioner has filed the Writ Petition to forbear the respondents from dispossessing him from the property.

3.Since the petitioner has given a reply to the Section 7 Notice, the concerned Authority shall consider the same and pass orders under Section 6 of the Tamil Nadu Land Encroachment Act. If the petitioner is aggrieved over the notice issued under Section 6 of the Act, he has to prefer an appeal under Section 10 of the Tamil Nadu Land Encroachment Act.

4.In these circumstances, we are not inclined to entertain the Writ Petition and the same is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar va To 1.The District Collector, Office of the Collectorate, Chennai - 1.

2.The District Revenue Officer, Chennai.

3.The Tahsildar, Aminjikkarai, Chennai - 29.

4.The Executive Engineer, WRO, PWD, Coovum Division, Chennai.

5.The Commissioner, Corporation of Chennai.

+1cc to M/s.R.Arunmozhi, Advocate Sr.2901 +1cc to the Government Pleader Sr.2306 +1cc to Mr.L.Chandrakumar, Advocate Sr.1967 W.P.No.202 of 2019 and W.M.P.No.216 of 2019 sai[co] srg 30/01/2019