T.Venkatasami v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN and THE HONOURABLE MR. JUSTICE K.RAJASEKAR T. Venkatasami Petitioner v The Commissioner Nellikuppam Municipality Nellikuppam 607 105 Panruti Taluk Cuddalore District M. Ramu S. Vaidyanathan Respondents Writ Petition preferred under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to remove the houses unauthorisedly constructed by respondents 2 and 3 in Block No.16, New S.No.4/-, Old S.No.155/4 part, (poramboke) in Rajaji Street, Sozhavalli, Nellikuppam, Nellikuppam Municipal Limits, Panruti Taluk, Cuddalore District.

For petitioner Mr. D. Baskar For R1 Mr. Vijay Anand Addl. Govt. Pleader For RR 2 & 3 No appearance - - - - -

ORDER

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(made by S. VAIDYANATHAN, J.) This is a petition seeking removal of encroachment and unauthorised construction made by the private respondents. According to the petitioner, he is residing in Door No.5/8, Rajaji Street, Sozhavalli, Nellikuppam, Panruti Taluk, Cuddalore District; he has left a space of about six feet on the east of his house to serve as a lane to reach the backyard of his house; thus, the said lane is a private lane; there is a poramboke property on the eastern side of his private lane, where, the second and third respondents have constructed a house in the front and back portions respectively; their construction is not only an encroachment but it is also sans approval of the first respondent Municipality; hence, seeking to remove the encroachments made by the respondents 2 and 3, he has addressed a representation dated 10.02.2020 to the first respondent, but, to no avail; hence, this writ petition seeking removal of encroachment/unauthorised construction made by the private respondents.

Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the first respondent. The names of the private respondents have been printed in the cause list and none represents them.

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Having regard to the facts and circumstances of the case, this Court directs the first respondent to conduct a detailed enquiry within a period of three months from the date of receipt of a copy of this order, by verifying all the revenue records like Village "A" register, field map, etc. and on enquiry, if it is found that the private respondents have made encroachment/unauthorised construction, to remove the same without fail. Needless to state that the petitioner and the private respondents shall be afforded an opportunity of hearing before any decision is taken in the matter. This writ petition stands disposed of with the above direction and observation. Costs made easy.

(S.V.N., J.) (K.R.S., J.) 19.12.2023 cad 3/4

S. VAIDYANATHAN, J.

and K. RAJASEKAR, J.

cad To The Commissioner Nellikuppam Municipality Nellikuppam 607 105 Panruti Taluk Cuddalore District 19.12.2023 4/4