E.Jeevanandam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2024 CORAM :

THE HON'BLE MR. JUSTICE R.MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ E.Jeevanandam .. Petitioner Vs 1.The District Collector, Thiruvallur District, Master Plan Complex NH 205, Chennai-Tiruttani Highway, Thiruvallur-602 001.

2.The Tahsildar, Poonamallee Taluk, No.5, Trunk Road, Poonamallee, Chennai-600 056.

3.The Commissioner, Poonamallee Panchayat Union, Chennai-600 056.

4.The Pastor, Pentecost Christian Sabai S.No.177, A.d.Govindraj Nagar, Kattupakkam Village, Poonamallee Taluk, Thiruvallur District, Chennai-600 056.

5.P.Karnan 6.Jothi 7.Bhushanam 8.Mythili .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 and 3 to remove the illegal encroachments in public road in A.D.Govindaraj Nagar Layout in Survey No.177 and 175, Kattupakkam Village, Poonamallee Taluk, Thiruvallur District, as confirmed in the proceedings of the second respondent dated 29.09.2023 Ref.Na.Ka.2653/2023/A1 within a time to be fixed by this Court.

For the Petitioner : Ms.T.Sarala For the Respondents : Mr.T.K.Saravanan Government Advocate for respondents 1 and 2 : Mr.A.Anandan for respondent No.3

ORDER

(Order of the Court was made by R.MAHADEVAN,J.) The petitioner has filed this writ petition seeking issuance of a writ of mandamus to direct respondents 1 and 3 to remove the

illegal encroachments in the public road in A.D.Govindaraj Nagar Layout in Survey Nos.177 and 175, Kattupakkam Village, Poonamallee Taluk, Thiruvallur District, as confirmed in the proceedings of the second respondent dated 29.09.2023 Ref.Na.Ka.2653/2023/A1.

2. Learned Government Advocate appearing on behalf of respondents 1 and 2 submits that, based on the representation of the petitioner dated 16.10.2023, a survey would be conducted in the presence of all the parties concerned and if it is found that there are encroachments, then action would be taken against the encroachers in accordance with law.

3. In the light of the said submission, the writ petition is disposed of with a direction to the respondent authorities to consider the representation of the petitioner dated 16.10.2023 and conduct a survey of the land in question and thereafter take appropriate action in accordance with law for removal of the encroachment, if any, after providing opportunity to the petitioner as well as other interested

parties. The entire exercise shall be completed by the respondent authorities within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. (R.M.D., J.) (M.S.Q., J.) 28.02.2024 Index :

No No sasi To 1.The District Collector, Thiruvallur District, Master Plan Complex NH 205, Chennai-Tiruttani Highway, Thiruvallur-602 001.

2.The Tahsildar, Poonamallee Taluk, No.5, Trunk Road, Poonamallee, Chennai-600 056.

3.The Commissioner, Poonamallee Panchayat Union, Chennai-600 056.

R.MAHADEVAN,J.

AND MOHAMMED SHAFFIQ,J.

(sasi) 28.02.2024