Madras High CourtWP/20534/2018disposed of

Tmt. J.Komala v. State: Rep. By Secretary,

2019-08-01Honourable The Chief Justice,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2019

CORAM

THE HON'BLE MRS.VIJAYA K.TAHILRAMANI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.20534 of 2018 J.Komala .. Petitioner -Vs1 The State, Rep. by Secretary Public Works Department Government of Tamil Nadu Secretariat, Saint George Fort Chennai - 600009.

2 The Collector Thiruvallur District - 602001.

3 The Revenue Divisional Officer Thiruvallur District - 602001.

4 The Tahsildar Poonamallee Taluk Chennai - 54.

5 The Block Development Officer Vellavedu Panchayat Thiruvallur District.

6 The Inspector of Police B-7, Vellavedu Police Station Vellavedu.

7 R.Paranthaman .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 to 6 to take appropriate action against the 7th respondent and thereby remove the encroachment made by the 7th respondent on the canal situated at Perumal Koil Street, Kannima Nagar, Vellavedu Village and Post, Poonamallee Taluk, Thiruvallur District (Backside of petitioner's property).

For Petitioner : Mr.S.Vijay Anand For Respondents : Mr.S.Kamalesh Kannan Government Advocate for respondents 1 to 6 No appearance for 7th respondent

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard Mr.S.Vijay Anand, learned counsel for the petitioner and Mr.S.Kamalesh Kannan, learned Government Advocate for respondents 1 to 6.

2. The case of the petitioner is that the seventh respondent has put up encroachment on the canal situated at Perumal Koil Street, Kannima Nagar, Vellavedu Village and Post, Poonamallee Taluk, Thiruvallur District, which is situated behind the petitioner's property. The prayer of the petitioner is that respondents 1 to 6 be directed to remove the said encroachment.

3. The learned Government Advocate has tendered a counter affidavit of the fourth respondent, i.e., The Tahsildar, Poonamallee Taluk, wherein it is stated that in relation to the encroachment put up by the seventh respondent, they have issued a notice on 5.7.2019. The said notice is under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and it has been served on the encroacher. It is further stated in the counter affidavit that follow up action will be taken to remove the encroachment after serving notice under Section 6 of the Act, considering the reply of the seventh respondent.

4. Thus, it is seen that the authorities are taking action in relation to the encroachment.

In view of the above, no further orders are required in this writ petition, except directing the respondent authorities to complete the above said exercise as expeditiously as possible. Accordingly, the writ petition is closed. No costs. sasi Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar

To 1 The Secretary Public Works Department Government of Tamil Nadu Secretariat Saint George Fort Chennai - 600009.