Mohamed Dada v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and WMP No.2888 of 2023 Mohamed Dada ... Petitioner -Vs1.The District Collector District Collectorate Office Tiruvannamalai District -606604.

2.The Assistant Director Town Panchayat Vellore Division, Sattuvachari Vellore-632009.

3.The Revenue Divisional Officer Tiruvannamalai Thiruvannamalai District.

4.The Thasildar Chetpet Taluk 5.The District Environment Engineer (DEEE) Tamil Nadu Pollution Control Board Tiruvannamalai

6.The Block Development Officer Block Development Office Chetpet 7.The Executive Officer Town Panchayat, Chetpet 8.The Chairman Town Panchayat, Chetpet

9. Amudha 10.Ramesh .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents particularly 1st to 8th respondents from constructing Public Toilet or any endangering buildings in Survey No. 378/3C, 378/3D to an extent of 35 cents, situated at Gingee Road, Chetpet Town, For Petitioner Ms.P.Devisai Monica For Respondents Mrs.Mythreye Chandru Special Government Pleader for R1 to R4 Mr.S.Rajesh Government Advocate for R6, R7 Mr.P.Srivamani for R10

O R D E R

This writ petition has been filed for the issue of a writ of mandamus forbearing the official respondents from constructing a Public Toilet in the property belonging to the petitioner in Survey No.378/3C and 378/3D to an extent 35 cents situated at Gingee Road, Chetpet Town, Thiruvannamalai District.

2.The grievance of the petitioner is that the petitioner is the owner of the subject property by virtue of the registered sale deed dated 12.09.2002. In his private property, an attempt was made by the respondents to construct a Public Toilet. The petitioner gave a representation and also issued legal notice in this regard. Since the same was not considered, the present writ petition has been filed before this Court. 3.When the matter was taken up for hearing, the learned Special Government Pleader appearing on behalf of the respondents 1 to 4, submitted that a survey was conducted and it was found that the Public Toilet is now constructed only in Survey No.377. The written instructions received in this regard was also placed before this Court.

The learned counsel appearing on behalf of the 10th respondent also submitted that no attempt is made to construct the Public Toilet in the property belonging to the petitioner. 4.In the light of the specific stand taken by the respondents, the apprehension raised by the petitioner has been sufficiently answered.

respondents not to encroach upon the property belonging to the petitioner in Survey No.378/3C and 378/3D measuring an extent of 35 cents. The construction shall confine itself only to Survey No.377.

5.This writ petition is disposed of in the above terms No costs. Consequently, connected miscellaneous petition is closed.

19.04.2023 KP Internet : Yes/No Index : Yes/No Speaking Order:Yes/No

To 1.The District Collector District Collectorate Office Tiruvannamalai District -606604.

2.The Assistant Director Town Panchayat Vellore Division Sattuvachari Vellore-632009.

3.The Revenue Divisional Officer Tiruvannamalai Thiruvannamalai District.

4.The Thasildar Chetpet Taluk 5.The District Environment Engineer (DEEE) Tamil Nadu Pollution Control Board Tiruvannamalai 6.The Block Development Officer Block Development Office Chetpet 7.The Executive Officer Town Panchayat, Chetpet 8.The Chairman Town Panchayat, Chetpet Thiruvannamalai District.

N.ANAND VENKATESH, J.

KP 19.04.2023