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Madras High CourtWP/28308/2012disposed of

C.P.Rajesh, v. The District Collector

2024-01-04Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM C.P.Rajesh ... Petitioner Vs.

1. The District Collector, Thiruvannamalai.

2. The Commissioner, Municipal Corporation, Thiruvannamalai.

3. The Secretary, The Thiruvannamalai Co-Operative House Building Society, Gandhi Nagar, Thiruvannamalai.

... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, forbearing the 1st and 2nd respondents from carrying out any activities in the petitioner's land bearing Ward No.2, Block No.2, T.S.No.45/1 in Plot No.New C-2 contrary to the approved layout in L.P./R(VD)4/75 in Lakshmipuram Town Planning Scheme area at Gandhi Nagar Colony in Thiruvannamalai Town, Thiruvannamalai Taluk, Thiruvannamalai District within the jurisdiction of the Joint-II, Sub Registrar of Assurance, Thiruvannamalai in the Registration District, Thiruvannamalai.

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For Petitioner : Mr.Radha Gopalan For Respondents : Mr.P.Bala Thandayutham Special Government Pleader, (for R1) Mr.P.Srinivas (for R2) Mr.R.Raja Rajan (for R3)

O R D E R

The writ petition has been instituted to forbear the respondents 1 and 2 from carrying out any activities in the petitioner's land bearing Ward No.2, Block No.2, T.S.No.45/1 in Plot No.New C-2, contrary to the approved layout in L.P./R(VD)4/75, in Lakshmipuram Town Planning Scheme area at Gandhi Nagar Colony in Thiruvannamalai Town, Thiruvannamalai Taluk, Thiruvannamalai District, within the jurisdiction of the Joint-II, Sub Registrar of Assurance, Thiruvannamalai in the Registration District, Thiruvannamalai.

2. The writ petition was instituted in the year 2012 and 11 years lapsed. A blanket injunction as such sought for in the present writ petition cannot be granted. The property right is subject to due process of law by 2/4

the Government or the Authorities concerned. In the event of any further action by the respondents, the same is to be initiated only in accordance with law and by following the due process.

3. With these observations, this writ petition stands disposed of. No costs.

04.01.2024 Index : Yes Speaking Order (sha) To

1. The District Collector, Thiruvannamalai.

2. The Commissioner, Municipal Corporation, Thiruvannamalai.

3. The Secretary, The Thiruvannamalai Co-Operative House Building Society, Gandhi Nagar, Thiruvannamalai.

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S.M.SUBRAMANIAM . J., (sha) 04.01.2024 4/4