Madras High CourtWP/7100/2020disposed of

Cynthia Jefferson v. The Tahsildar,

2023-08-17Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Cynthia Jefferson ...

Petitioner -vs1. The Tahsildar, Taluk Office, Thiruporur, Kancheepuram District, Kancheepuram.

2. The District Collector, Office of the Kancheepuram District Collector, First Floor, Collectorate, Kancheepuram 631 501.

3. The Revenue Inspector, Kazhipattur Village, Thiruporur Taluk, Kancheepuram District.

4. The Revenue Divisional Officer, Revenue Divisional Office, Chengalpattu, Kancheepuram District, Kancheepuram.

5. Director General, Highways Department, 76, Sardar Patel Road, Little Mount, Guindy, Chennai-25.

6. The Divisional Engineer, Highways Authority, Office of Divisional Engineer (Highways), Chengelput.

7. The Chief Engineer (Highways), Construction and Maintenance, Highways Authority, 76, Sardar Patel Road, Little Mount, Guindy, Chennai-25.

8. The Chief Engineer (H), Construction and Maintenance, Guindy, Chennai 600 025.

9. Naguran ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 5 to take necessary immediate action to remove the encroachments constructed by 9th respondent encroaching the Rajiv Gandhi Salai (OMR) in Kazhipattur Village, Tiruporur Taluk, bearing Survey No.230 (Road as per Government Records) admeasuring around 3200 sq.ft. For the Petitioner :

Dr.C.Ravichandran for Mr.M.Rajavelu For the Respondents :

Mr.P.Muthukumar, State Government Pleader, for RR 1 to 8 :

Mr.C.P.Hema Kumar for M/s.Ganesh & Ganesh for R-9.

* * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Dr.C.Ravichandran, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondent Nos.1 to 8 and Mr.C.P.Hema Kumar, learned counsel for respondent No.9.

2. Encroachment is alleged in S.No.230 of Kazhipattur Village, Tiruporur Taluk, which, according to the petitioner, is a road.

3. The learned State Government Pleader submits that eviction notice has been issued on 16.08.2023 under Section 28(2)(ii) of the Tamil Nadu Highways Act 2001 and eviction of the encroachment will be carried out on 24.08.2023.

4. The learned counsel for the ninth respondent submits that the ninth respondent has not received any eviction notice. In view of the submission made by the learned State Government Pleader, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 17.08.2023 Index : Yes/No : Yes/No sra

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

(sra) To

1. The Tahsildar, Taluk Office, Thiruporur, Kancheepuram District, Kancheepuram.