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Madras High CourtWP/9625/2007disposed of

R.Girirajan v. The District Collector

2018-12-04Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.9625 of 2007 and M.P.No.1 of 2007 R.Girirajan ...

Petitioner Vs 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Tahsildar, Madhuranthagam Taluk, Madhuranthagam.

3.The Block Development Officer (B.D.C.), Acharapakkam Union Office, Acharapakkam, Madhuranthagam Taluk, 4.The President, Ellapakkam Village Panchayat, Ellapakkam, Madhuranthagam Taluk, 5.Krishnan 6.Mallika 7.Sampath 8.Senthil Kumar (R5 to R8 impleaded as per order dated 14.03.2007 in M.P.No.2 of 2007 in W.P.No.9625 of 2007).

...

Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 4 to remove the encroachment in Government lands comprised in S.No.56/1B2/2 situated at Ellapakkam Village, Madhuranthagam Taluk, Kancheepuram District.

For Petitioner: Mr.R.Neelakandan For Respondents: Ms.K.Bhuvaneswari, Additional Govt.Pleader for R1 and R2 Mr.V.Ragavan for R3 and R4

ORDER

The petitioner has come up with this writ petition for a Mandamus directing the respondents 1 to 4 to remove the encroachment in Government lands comprised in S.No.56/1B2/2 situated at Ellapakkam Village, Madhuranthagam Taluk, 2.When this writ petition was taken up on 14.03.2007, an order of interim injunction was passed restraining the respondents 5 to 8 from putting up any construction in the land in question, and thereafter the said order was made absolute. Today, the learned counsel for the petitioner has submitted that the petitioner would be satisfied if his representation dated 11.03.2007 is directed to be considered by the respondents. 3.

In view of the above submission made by the learned counsel for the petitioner, the writ petition is disposed of directing the respondents to consider the representation of the petitioner dated 11.03.2007 which has been made for removal of encroachment in the public place, and pass appropriate orders on merits and in accordance with law, after affording opportunity to the petitioner to place any connected materials thereto, within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar KM To 1.The District Collector, Kancheepuram District, Kancheepuram.

2.The Tahsildar, Madhuranthagam Taluk, Madhuranthagam.

3.The Block Development Officer (B.D.C.), Acharapakkam Union Office, Acharapakkam, Madhuranthagam Taluk, 4.The President, Ellapakkam Village Panchayat, Ellapakkam, Madhuranthagam Taluk, +2cc to Mr.R.Neelakandan, Advocate, S.R.No.82865 +1cc to Mr.V.Ragavan, Advocate, S.R.No.82793 W.P.No.9625 of 2007 and M.P.No.1 of 2007 VG(CO) GSP(26/12/2018)