Madras High CourtWP/11018/2015dismissed

E.Kesavarthini v. The State Of Tamil Nadu

2015-06-05Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.06.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL W.P. No. 11018 of 2015 and M.P. Nos.1 & 2 of 2015

1. E. Kesavarthini

2. K. Malar Petitioners Vs.

1 The State of Tamil Nadu, Rep. by The District Collector, Office of the District Collector, Kancheepuram.

2 The Tahsildar Thirukazhukundram Taluk Office, Thirukazhukundram Kalpakkam via Kancheepuram District.

3 The Deputy Tahsildar Thirukazhukundram Taluk Office Thirukazhukundram Kalpakkam via, Kancheepuram District.

4 The Village Administrative Officer, Thirukazhukundram Taluk Office, Thirukazhukundram Kalpakkam via, Kancheepuram District.

5 The District Deputy Superintendent of Police , O/o.The District Deputy Superintendent of Police , Mamallapuram, Kancheepuram District.

6 The Sub Inspector of Police, E-3 Sadras Police Station, Sathurangapattinam, Kancheepuram District.

7 The State Human Rights Commission Rep. by The Registrar, 143 P.S. Kumarasamy Raja Salai (Greenways Road), Chennai-28.

8 Suresh S/o.Balu Periya Colony Vittilapuram Thirukazhukundram Taluk , Kancheepuram District.

9 Chellappan S/o.Nachiyar Periya Colony Vittilapuram Thirukazhukundram Taluk, Kancheepuram District.

10 Viswanathan S/o.Subramani Periya Colony Vittilapuram , Thirukazhukundram Taluk Kancheepuram District.

11 Logu S/o.Sailesan Periya Colony, Vittilapuram, Thirukazhukundram Taluk, Kancheepuram District.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondent Nos.1 to 4 to take appropriate action on the petitioners representation dated 7.6.2014 thereby direct them to remove the unauthorized construction of Amman Temple put up by respondent Nos.8 to 11 at Vittilapuram Colony, Thirukazhukundram Taluk, Kancheepuram District by encroaching upon pathway thereby allow the petitioners and others to have easy access/free ingress & engross for their property. For petitioners : Mr. S. Nirmal Kumar for Mr. Prakash Adiapadam For respondents :Mr.P.S.Sivashanmugasundaram 1 to 6 Spl. Govt. Pleader

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) When the matter was taken up for hearing on 17.4.2015, on the request of the learned counsel for the petitioner to amend the prayer, it was adjourned to 24.04.2015. On the next date of hearing, the petitioner came up again without amending the prayer and further request was made to give adjournment. Accordingly, the matter is

listed today. Today, again, we find that no application has been moved for amendment.

2. In that view of the matter, we are of the view that the writ petition may be dismissed, granting liberty to the petitioner to file a fresh writ petition, incorporating the amendment, if so advised and proposed by him.

3. Accordingly, this writ petition is dismissed with liberty as indicated above. Consequently, connected miscellaneous petitions are dismissed. No costs.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1 The District Collector, State of Tamil Nadu, Office of the District Collector, Kancheepuram.