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Madras High CourtWP/9084/2017disposed of

K.Venkatesan v. The District Collector

2017-04-17Honourable The Chief Justice,Honourable Mr Justice M. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2017

CORAM

THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.9084 of 2017 K.Venkatesan .. Petitioner Vs

1. The District Collector Tiruvallur District Tiruvallur.

2. The Revenue Divisional Officer Ponneri Revenue Division Ponneri, Tiruvallur District.

3. The Tahsildar Ponneri Taluk Office Ponneri, Tiruvallur District.

4. The Block Development Officer (Village Panchayat) Minjur Panchayat Union Ponneri Taluk Tiruvallur District.

5. K.Rajesh

6. K.Karthik

7. A.Jayabalan

8. K.Selvam

9. K.Masilamani .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of mandamus directing respondents 1 to 3 to consider the representation of the petitioner dated 9.8.2016 and thereby direct the respondents to remove all encroachments made in the land comprised in Survey No.398/7, measuring an extent of 0.26.5 hectare, situate at Madimaikandigal Village, Ponneri Taluk, Tiruvallur District and to keep the same as Cart Track free from all encroachments.

For Petitioner : Mr.R.Munuswamy For Respondents : Mr.R.Vijayakumar for respondents 1 to 4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed for a direction on the respondents 1 to 3 to consider the representation of the petitioner dated 9.8.2016 and remove all encroachments made in the land comprised in Survey No.398/7, measuring an extent of 0.26.5 hectare, situated at Madimaikandigal Village, Ponneri Taluk, Tiruvallur District and to preserve the same as cart track free from all encroachments.

2. Mr.R.Vijayakumar, Additional Government Pleader accepts notice on behalf of the respondents 1 to 4.

3. It is alleged by the writ petitioner that respondents 5 to 9 have encroached upon the cart track in Survey No.398/7, situated at Madimaikandagai Village, Ponneri Taluk, Tiruvallur District.

4. We direct the third respondent/Tahsildar to cause a local inspection of the land comprised in Survey No.398/7, situated at Madimaikandigal Village, Ponneri Taluk, Tiruvallur District, within a fortnight. If any encroachment is found, the official respondents shall take action in accordance with law upon notice to all concerned, particularly respondents 5 to 9 before us. The proceedings shall be concluded within two months. The writ petition is disposed of accordingly. No costs. -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To:

1. The District Collector Tiruvallur District Tiruvallur.

2. The Revenue Divisional Officer Ponneri Revenue Division Ponneri, Tiruvallur District.

3. The Tahsildar Ponneri Taluk Office Ponneri, Tiruvallur District.

4. The Block Development Officer (Village Panchayat) Minjur Panchayat Union Ponneri Taluk Tiruvallur District.

+1 CC to Mr.R.Munuswamy, Advocate sr 23430 +1 CC to Govt. Pleader sr 23102 W.P.No.9084 of 2017 KK(CO) sp/2/5