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Madras High CourtWP/517/2017disposed of

P.Veeramuthu, v. The Commissioner

2017-04-06Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH WRIT PETITION No. 517 of 2017 and W.M.P.No.543 of 2017 P.Veeramuthu

...Petitioner

Vs.

1. The Commissioner, Corporation of Chennai, Chennai - 600 003.

2. The Assistant Executive Engineer The Zonal Officer, Zone No.14, Ward No.189, Zonal Office, Corporation of Chennai, Pallikaranai, Chennai - 100.

3. Mr.Mohanavadivelu, The Zonal Officer, Zone No.14, Ward No.189, Zonal Office, Corporation of Chennai, Pallikaranai, Chennai - 100.

4.The Inspector of Police, Pallikaranai Police Station, Pallikaranai, Chennai - 100.

...Respondents

Prayer: This writ petition is filed under Article 226 of the Constitution of India, to issue a writ of mandamus or any other writ or order or direction in the nature of writ, forbearing the respondents, their men, agents, servants or any other persons claiming through them, from in any way disturbing the peaceful possession and enjoyment of the property of the petitioner, measuring Ac.0.13 cents (i.e.5668 sq ft) comprised in S.No.327/4, situated at Pallikaranai Village Ward No.189, Zone No.14, within Corporation of Chennai, Sholinganalur Taluk, Kancheepuram District.

For Petitioners : Mr.A.Ramalingam For Respndents : Mr.P.V.Selvakumar - for R1 to R3 Mr.S.Diwakar -for R4 Special Government Pleader

O R D E R

Heard Mr.A.Ramalingam, learned counsel appearing for the petitioner, Mr.P.V.Selvakumar, learned counsel appearing for the respondent Nos.1 to 3 and Mr.S.Diwakar, learned Special Government Pleader appearing for the fourth respondent. 2.Alleging that the respondents Nos.1 to 3 are interfering with the peaceful possession of his land and seeking a direction not to disturb such possession without due process of Law, the petitioner has come forward to file this present writ petition.

3.In the counter affidavit filed by the respondents 2 and 3, it has been stated that action was taken to clear the stagnation of water which has been objected to, by the petitioner. It is further stated that to know the genuineness of the petitioner's claim, the Tahsildar, Sholinganallur Taluk was requested to throw some light on the nature of land as per the letter dated 09.01.2017 and on receipt of the same, appropriate action would be taken.

4.In view of the aforesaid stand, the respondents 2 and 3, as the case may be, are directed to take appropriate action after due notice to the petitioner in pursuant to the reply, if any, to be given by the Tahsildar, Sholinganallur Taluk. 5.With the above direction, the writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To

1. The Commissioner, Corporation of Chennai, Chennai - 600 003.

2. The Assistant Executive Engineer/ The Zonal Officer, Zone No.14, Ward No.189, Zonal Office, Corporation of Chennai, Pallikaranai, Chennai - 100.

3. Mr.Mohanavadivelu, The Zonal Officer, Zone No.14, Ward No.189, Zonal Office, Corporation of Chennai, Pallikaranai, Chennai - 100.

4.The Inspector of Police, Pallikaranai Police Station, Pallikaranai, Chennai - 100.

+1cc to Mr.R. Ramalingam, Advocate, S.R.No.21162 +1cc to Mr.Pr. Selvakumar, Advocate, S.R.No.20622 +1cc to the Government Pleader, S.R.No.21026 lrs(CO) md(19/04/2017) WRIT PETITION No. 517 of 2017 and W.M.P.No.543 of 2017