G.Thiruvakku v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 2115 of 2020 and W.M.P. No. 2473 of 2020 G.Thiruvakku ... Petitioner -vs1.The District Collector, Chengalpattu District.

2.The District Revenue Officer, Chengalpattu District.

3.The Tahsildar, Chengalpattu Taluk, Chengalpattu District.

4.The Block Development Officer, Kattangulathur Panchayat Union, GST Road, Kattangalathur, Chengalpattu Taluk and District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the Respondents, their men, subordinates or any other persons claiming through them from in any way or in any manner disturbing the peaceful possession and enjoyment of the Petitioner's house site property by way of erecting the pedestal and statute of National Leader Dr.Ambedkar National comprised in S.No.403/1, situated at Kayarambedu Village, Chengalpattu taluk and District.

For Petitioner :

Mr. A.Ramalingam For Respondents :

Mrs. A.B.Reehana Begum Government Advocate

O R D E R

This Writ Petition has been filed for restraining the Respondents from disturbing the peaceful possession and enjoyment of the Petitioner's house side property by way of erecting the pedestal and statue of National Leader Dr.Ambedkar National comprised in S.No.403/1, situated at Kayarambedu Village, Chengalpattu.

2.

The Respondents have filed Counter Affidavit and the relevant portion is extracted below:

"... 3.

It is submitted that an alternative place in the land in S.No. 507/1 which is also classified as village site and which in nearby the existing place has been proposed to relocate the aforesaid statue and the villagers also did not object the same. Hence the land in S.No. 507/1 which near by the the existing location has been proposed and the Petitioner land in S.No. 403/1 is not at all selected for relocating the statue and the averments raised by the Petitioner are purely imaginary apprehension, and they don't deserve any consideration and ultimately the Writ Petition itself deserves to be dismissed as devoid of merits." Since it has been made clear that it is not intended by the Respondents to erect statue in the property of the Petitioner as reflected from the affidavit filed by the Respondents, nothing remains for further consideration in this Writ Petition. 3.

Accordingly, the Writ Petition is disposed. No costs. s/d- Assistant Registrar True Copy Sub-Assistant Registrar bkn/sj To 1.The District Collector, Chengalpattu District.

2.The District Revenue Officer, Chengalpattu District.

3.The Tahsildar, Chengalpattu Taluk, Chengalpattu District.

4.The Block Development Officer, Kattangulathur Panchayat Union, GST Road, Kattangalathur, Chengalpattu Taluk and District.

+1 CC to Mr.A. Ramalingam, Advocate sr 12757 +1 CC to The Govt. Pleader sr 14212.

W.P. No. 2115 of 2020 and W.M.P. No. 2473 of 2020 SS(CO) SP(04/06/2020)