G.Nagaraj v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 04-02-2015
CORAM:
THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P. No.32469 of 2014 and M.P. No.1 of 2014 G. Nagaraj Petitioner Vs.
The State of Tamil Nadu represented by its Secretary to Government Revenue Department Secretariat Fort St. George Chennai 600 009 The Additional Chief Secretary/Commissioner Land Administration Ezhilagam Chepauk, Chennai 600 005 The District Collector Krishnagiri District at Krishnagiri The District Revenue Officer Krishnagiri District at Krishnagiri The Tahsildar Hosur Krishnagiri District M. Devadass A. Meganathan Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 5 to consider the petitioner's representations dated 13.06.2014, 23.06.2014 and 24.06.2014 and thereby, direct the respondents 1 to 5 to take effective steps to cancel the layout plan viz., "Mount View Residence Phase - II" in respect of the property in Survey No.647/1C, No.99, Onnalvadi Village, Hosur Taluk, Krishnagiri District.
For petitioner Mr. B. Sundarapandian for Mr. M.V. Muralidaran
ORDER
(Order of the Court was made by SATISH K. AGNIHOTRI, J.) This writ petition is filed seeking a writ of mandamus directing the respondents 1 to 5 to consider the petitioner's representations dated 13.06.2014, 23.06.2014 and 24.06.2014 and thereby, direct the respondents 1 to 5 to take effective steps to cancel the layout plan viz., "Mount View Residence Phase - II" in respect of the property in Survey No.647/1C, No.99, Onnalvadi Village, Hosur Taluk, Krishnagiri District.
Since the petitioner has made his aforestated representations to the official respondents, we are of the view that no notice is required to be served on respondents 6 and 7, who are private respondents. Thus, with the consent of the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 5, this writ petition is taken up for final disposal.
Considering the nature of relief sought by the petitioner, the official respondents are directed to examine the petitioner's representations dated 13.06.2014, 23.06.2014 and 24.06.2014, make proper inspection after affording an opportunity of hearing to the alleged encroacher or violator of law and take appropriate action in accordance with law and on merits. Needless to state that if it is found that the construction is unauthorised and illegal, the authorities shall take final action for removal of the same. Such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.
The writ petition stands disposed of with the above direction and observation. Costs made easy. Connected Miscellaneous Petition is closed.
Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar cad
To The Secretary to Government Revenue Department Government of Tamil Nadu Secretariat Fort St. George Chennai 600 009 The Additional Chief Secretary/Commissioner Land Administration Ezhilagam Chepauk, Chennai 600 005 The District Collector Krishnagiri District at Krishnagiri The District Revenue Officer Krishnagiri District at Krishnagiri The Tahsildar Hosur Krishnagiri District 1 cc to Mr.M.V. Muralidharan, Sr. 5783 W.P. No.32469 of 2014 TEJ (CO) kk 16/2