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Madras High CourtWP/2809/2024disposed of

K.Shenbagavalli v. The Revenue Divisional Officer

2024-02-08Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Shenbagavalli ..

Petitioner Vs.

1. The Revenue Divisional Officer Chennai Central Division Off Thirumangalam Junction Chennai - 600 101.

2. The Tahsildar Ambattur Taluk Office Chennai - Tiruvallur High Road Gandhi Nagar, Ambattur Chennai - 600 053.

3. The Divisional Engineer Highways (C&M) City Road No.394/4, Anna Salai Chennai - 600 006.

4. The Assistant Divisional Engineer Highways (C&M) Chennai City Roads Sub Division Chennai - 600 015.

5. Indian Oil Corporation Ltd.

A Government of India Undertaking Having it registered office at No.G-9, Ali Yuvar Jung Marg Bandra, Mumbai - 600 051.

6. Indian Oil Corporation Ltd.

A Government of India Undertaking Having its Chennai Divisional Office at No.500, Anna Salai, Teynampet Chennai - 600 018.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 4 herein to furnish documents to the petitioner as requested in her representation dated 21.12.2023 for the purposes of giving additional reply to the show cause notice issued by the respondents 3 and 4 herein vide proceedings bearing number 286/2010/E.No.Va dated 30.10.2023.

For the Petitioner : Mr.T.T.Ravichandran For the Respondents : Mr.C.Kathiravan Special Government Pleader for R1 to R4 Mr.V.Anantha Natarajan for R5 and R6

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.T.T.Ravichandran, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader for respondents 1 to 4 and Mr.V.Anantha Natarajan, learned counsel for respondents 5 and 6.

2. No order is impugned in the present writ petition. Notice was issued to the petitioner for removal of encroachment. The petitioner was directed to vacate the subject writ property. The petitioner filed a writ petition bearing W.P.No.33959 of 2023. The same was disposed of under order dated 18.12.2023. This Court directed that the notice dated 30.10.2023 shall be treated as a show-cause notice and an opportunity was given to the petitioner and the respondents 6 and 7 to file reply within a period of fifteen days.

3. We have also given liberty to the petitioner and respondents 6 and 7 therein to place the documents on which they rely upon and the authorities were directed to consider the reply and the documents that

may be placed by the petitioner and the respondents 6 and 7 and then take a decision in accordance with law.

4. The decision has not yet been taken. Now the petition is filed seeking directions against the respondent authorities to supply the documents. The petitioner could have filed an application under the Right to Information Act, 2005.

5. We have already granted an opportunity to the petitioner to file reply and place on record her stand. It is for the petitioner to place whatever materials she choses to.

6. The writ petition, accordingly, stands disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.3070 and 3071 of 2024 are closed.

(S.V.G., CJ.) (D.B.C., J.) 08.02.2024 Index :

Yes/No :

Yes/No drm

To

1. The Revenue Divisional Officer Chennai Central Division Off Thirumangalam Junction Chennai - 600 101.

2. The Tahsildar Ambattur Taluk Office Chennai - Tiruvallur High Road Gandhi Nagar, Ambattur Chennai - 600 053.

3. The Divisional Engineer Highways (C&M) City Road No.394/4, Anna Salai Chennai - 600 006.

4. The Assistant Divisional Engineer Highways (C&M) Chennai City Roads Sub Division Chennai - 600 015.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 08.02.2024