M/S.Latif Estate Line India Limited v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2023
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.HEMALATHA M/s.Latif Estate Line India Limited Rep by Mohamed Zaid, Assistant Manager of the Company 'Latif Centre' No.16, Millers Road, Kilpauk, Chennai - 600 010.
.. Petitioner Vs.
1.The Collector District Collector, Chengalpattu - 603 001.
2.The District Revenue Officer Office of the District Revenue Officer, Chengalpattu - 603001.
3.The Tahsildar Thiruporur Taluk Thiruporur-603105.
4.The Joint Director District Town Development Office No.124 GST Road, Municipal Commercial Complex 1/6
5.The Member Secretary Mamallapuram Local Planning Authority Five Rathas Shopping Complex Venpurusam Salai Mamallapuram - 603 104.
6.The President Nemmili Panchayat Thiruporur Panchayat Union 7.The Special Officer, Nemmeli Panchayat / Block Development officer Thiruporur Panchayat Union Chengelpattu District.
8.M/s.Square Foundation LLP No.24 DR. B.N.Road T. Nagar Chennai - 17.
9.Deccan Estates Private Limited 24, 1st Floor, Deccan Chambers, Dr. B. N. Road, T. Nagar, Chennai-17.
.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 7 to demolish the illegally constructed enclosing wall and gate in S.No.241/14B (Part) put up by Respondents 8 and 9 and consequently to direct the respondents 1 to 7 to maintain the land in S.No.241/14B (Part) covered under the gifted deed dated 06.06.2020, registered as Document No.5316/2020 in the office of Sub-Registrar, Thiruporur as public road and maintain the said road free of any obstruction.
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For Petitioner : Mr.R.Vishnu For R1 to R5 : Mr.E.Vijay Anand Additional Government Pleader For R6 and R7 : Mr.S.Prabhakaran Government Advocate
O R D E R
(Order of the Court was delivered by V.M.VELUMANI, J.) The present Writ Petition is filed for a direction to the respondents 1 to 7 to demolish the illegally constructed enclosing wall and gate in S.No.241/14B (Part) put up by respondents 8 and 9 and consequently to direct the respondents 1 to 7 to maintain the land in S.No.241/14B (Part) as public road and maintain the said road free of any obstruction.
2. By consent of both the learned counsel appearing for the petitioner and Mr.E.Vijay Anand, learned Additional Government Pleader, who takes notice for the respondents 1 to 5 and Mr.S.Prabhakaran, learned Government Advocate, who takes notice for the respondents 6 and 7, the Writ Petition is taken up for final disposal at the admission stage itself.
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3. Heard the learned counsel appearing for the petitioner, learned Additional Government Pleader appearing for the respondents 1 to 5 as well as learned Government Advocate appearing for the respondents 6 and 7 and perused the entire materials on record.
4. According to the petitioner, the respondents 8 and 9 are owners of the property in S.No.241/14B (Part) adjacent to the petitioner's property. The respondents 8 and 9 formed a layout in the said property and after getting approval of layout, the respondents 8 and 9 gifted the property to an extent of 40 feet by way of Gift Deed dated 06.06.2020 bearing Document No.5316 of 2020 in favour of the 6th respondent for forming the road by the 6th respondent/Nemmili Panchayat for public use. After gifting the land and getting approval, the respondents 8 and 9 have put up compound wall and gate and locked the road preventing the public including the petitioner from using the said road. The petitioner gave a representation dated 22.09.2022 and 08.10.2022 to the respondents 1 to 7 for removal of illegal construction of compound wall and gate put up by the respondents 8 and 9. On receiving the said representation, the 4th respondent by proceedings dated 31.10.2022 directed the respondents 6 and 7 to maintain the road for being used as per the gift deed. The 4th 4/6
respondent also directed the respondents 6 and 7 to send the action taken report to the 4th respondent. Now, the grievance of the petitioner is that the respondents 6 and 7 failed to take action as per the instructions given by the 4th respondent.
5. Even though the petitioner is seeking a larger relief for removal of the compound wall and gate put up by the respondents 8 and 9, it is suffice that direction is given to the respondents 6 and 7. Accordingly, the respondents 6 and 7 are directed to comply with the instructions given by 4th respondent after hearing the petitioner as well as respondents 8 and 9, within a period of four weeks from the date of receipt of a copy of this order.
6. With the above direction, the Writ Petition is disposed of. No costs.
(V.M.V., J) (R.H., J) 01.02.2023 Index : Yes / No dm 5/6
V.M.VELUMANI, J.
and R.HEMALATHA, J.
dm To 1.The Collector District Collector, Chengalpattu - 603 001.
2.The District Revenue Officer Office of the District Revenue Officer, Chengalpattu - 603001.
3.The Tahsildar Thiruporur Taluk Thiruporur-603105.
4.The Joint Director District Town Development Office No.124 GST Road, Municipal Commercial Complex 5.The Member Secretary Mamallapuram Local Planning Authority Five Rathas Shopping Complex Venpurusam Salai Mamallapuram - 603 104.
6.The President Nemmili Panchayat Thiruporur Panchayat Union 7.The Special Officer, Nemmeli Panchayat / Block Development officer Thiruporur Panchayat Union Chengelpattu District.
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