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Madras High CourtWP/3344/2022disposed of

N.Sengalvarayan v. The Principal Secretary

2023-06-16Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU N.Sengalvarayan .. Petitioner -vs1. The Principal Secretary, Animal Husbandry Department, Fort St. George, Chennai 600 009.

2. The Chairman, Tamil Nadu Electricity Board, Annasalai, Chennai 600 002.

3. The District Collector, Thiruvallur District, Thiruvallur.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st and 3rd respondents to take action to restore the grazing land measuring 1.94 acres comprised in Survey no.529/2, situated in Ponneri Village, Ponneri Taluk, Thiruvallur District for grazing the cattle by the local people. For the Petitioner :

Mr.S.Udhayakumar For the Respondents :

Mrs.R.Anitha, Special Government Pleader, for RR 1 and 3 :

No appearance for R-2 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.S.Udhayakumar, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader, for respondents 1 and 3. None appears for respondent No.2.

2. The learned counsel for the petitioner submits that respondent No.2 has encroached upon the grazing land by installing the electricity poles. The representation is given to respondent No.1. In fact, the correct authority would be respondent No.3.

3. The petitioner may make an application to respondent No.3. The respondent No.3 thereafter may decide the said application on its own merit and in accordance with law and policy and following the principles of natural justice, preferably within six months from the date of the application.

The writ petition is disposed of. There will be no order as to costs. (S.V.G., CJ.) (P.D.A., J.) 16.06.2023 Index : yes/no : Yes/No sra

To:

1. The Principal Secretary, Animal Husbandry Department, Fort St. George, Chennai 600 009.

2. The Chairman, Tamil Nadu Electricity Board, Annasalai, Chennai 600 002.

3. The District Collector, Thiruvallur District, Thiruvallur.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) 16.06.2023