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Madras High CourtWP/3139/2022disposed of

K.Seenivasan v. The Municipal Commissioner

2022-02-21Honourable Mr Justice T.Raja,Honourable Mr Justice Sathi Kumar Sukumara Kurup2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.NO.3139 of 2022 K.Seenivasan

...Petitioner

-vs1. The Municipal Commissioner, Poonamallee Municipality, Poonamallee, Chennai-56.

2. The Municipal Engineer, (M.E.), Poonamallee Municipality, Poonamallee, Chennai-56.

3. The Town Planning Inspector, (T.P.I.) Poonamallee Municipality, Poonamallee, Chennai-56.

4. Rajeswari

5. P.C.Ravaneswaran

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus, directing the respondents 1 to 3 to take necessary steps to remove the encroachments made by the respondents 4 and 5 herein, on the Canal Poramboke land in Survey No.468 and Government Poramboke Land in Survey No.469 of Poonamallee Village, situated at Sumithra Nagar 3rd Cross Street, Poonamallee, Chennai-56 by considering the representation of the petitioner dated 06.11.2021.

For Petitioner : Mr.V.R.Appaswamee For Respondents : Mr.J.Ravindran, AAG assisted by Mr.A.Selvendran, Spl.G.P.

https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by T.RAJA, J.) This Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents 1 to 3 to take necessary steps to remove the encroachments made by the respondents 4 and 5 herein, on the Canal Poramboke land in Survey No.468 and Government Poramboke Land in Survey No.469 situated at Sumithra Nagar 3rd Cross Street, Poonamallee, Chennai-58 by considering the representation of the petitioner dated 06.11.2021.

2. Mr.J.Ravindran, learned Additional Advocate General assisted by Mr.A.Selvendran, learned Special Government Pleader taking notice for the respondents 1 to 3 submitted that sufficient time may be granted to consider and dispose of the representation of the petitioner dated 06.11.2021.

3. Recording the said submission of the learned Additional Advocate General, without going into the merits of the matter, we hereby direct the respondents 1 to 3 to consider and dispose of the petitioner's representation dated 06.11.2021, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this Order and if any encroachment is found, action shall be taken to remove the said encroachment, after giving due notice to the encroachers.

4. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar tsi To

1. The Municipal Commissioner, Poonamallee Municipality, Poonamallee, Chennai-56.

2. The Municipal Engineer, (M.E.), Poonamallee Municipality, Poonamallee, Chennai-56.

3. The Town Planning Inspector, (T.P.I.) Poonamallee Municipality, Poonamallee, Chennai-56.

+2ccs to M/s.V.R.Appaswamee, Advocate, S.R.No.11195 W.P.No.3139 of 2022 PMK(CO) RLP(08/03/2022) https://hcservices.ecourts.gov.in/hcservices/