← Library
Madras High CourtWP/32480/2014disposed of

Avurikollaimedu Srinivasa v. The Tahsildar

2015-02-10Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-02-2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P. No.32480 of 2014 Avurikollaimedu Srinivasa Perumal Koil Trust represented by its Co-Founder E. Sukumaran S/o M. Etti Naicker No.2/6, Chinnakannan Street Chinnasekkadu Manali, Chennai 600 068 Petitioner Vs.

The Tahsildar Madhavaram Taluk Madhavaram, Chennai E. Arumugam S. Ravi S. Kothandan Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to remove the encroachment made by the respondents 2 to 4 in S.Nos.1/11 and 1/17, Chinnasekkadu Village, Thiruvottriyur Taluk, Thiruvallur District.

For petitioner Mr. C. Prakasam For R1 Mr. P.S. Sivashanmugasundaram Special Government Pleader - - - - -

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) This writ petition is filed seeking a writ of mandamus directing the first respondent to remove the encroachment made by the respondents 2 to 4 in S.Nos.1/11 and 1/17, Chinnasekkadu Village, Thiruvottriyur Taluk, Thiruvallur District.

https://hcservices.ecourts.gov.in/hcservices/

The learned counsel for the petitioner submits that the petitioner had made a representation to the first respondent for removal of the alleged encroachment made by the respondents 2 to 4 in the property in question.

It is pointed out by the learned Special Government Pleader appearing for the first respondent that the petitioner had not made the representation to the competent authority. The competent authority in respect of the area in question is only the Tahsildar, Thiruvotriyur Taluk and not the first respondent. If a representation is made to the competent authority, the said authority will take appropriate action in accordance with law and on its own merits, after affording an opportunity of hearing to the encroachers/violators of law, within a period of six weeks from the date of making such a representation.

The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar Dated:16.2.15 True Copy Sub Assistant Registrar To 1.The Tahsildar Madhavaram Taluk Madhavaram, Chennai 2.The Tahsildar, Thiruvotriyur Taluk, Chennai-19.

+6 cc to Mr.C.Prakasam, Advocate,SR.7679 & 7348 +1 cc to Government Pleader,SR.7179.

scd(co) krd 18/2 W.P.No. 32480 of 2014 https://hcservices.ecourts.gov.in/hcservices/